1960 John Board & Co Factory Sites Auction

In November 1960 two former John Board & Co factory sites and associated lands belonging to were auctioned off. These sites had closed in 1958. Below is a transcription of the auction catalogue, along with the lot plans and some additional contextual maps.

This document is useful in showing the extent of the Board factories at the end of their life, but the conditions also explain some of their acquisition history.

For a biographies of John Board and William Savidge Akerman, see the website of the Friends of the Wembdon Road Cemetery.

GENERAL REMARKS

SITUATION Bridgwater has a population of about 22,000 and lies about 142 miles from London, 33 miles from Bristol, 43 miles from Exeter and 11 miles from Taunton. The Local Authority is the Bridgwater Rural District Council whose rates for the current period is 18/6d. in the E.
POSSESSION Vacant Possession of the portions in hand will be given on completion of the purchase the remainder of the properties are sold subject to the existing tenancies.
INSPECTION The properties may be inspected at any time during normal working hours on production of these particulars.

LOT 1

A Freehold Factory Site at Present Occupied as the

DUNWEAR TILE WORKS DUNWEAR, BRIDGWATER

Coloured Pink on Plan “A” Site Area 26.552 acres

SITUATION The Property is situate about 2 miles east of Bridgwater on both sides of River Lane, and reached via Dunwear Lane, from the Bridgwater Langport Road (A.372) which is known as Westonzoy-land Road.

SERVICES Power: 450 volts, 3 phase, 50 cycles current is supplied by The South Western Electricity Board. Electricity : for lighting the works is a 240 volt, single phase supplied by the same Authority. Water: a main is laid to the Works.

TOWN PLANNING Planning rights in respect of the Buildings exist for the manufacture of tiles. Planning consent for the working of Clay on O.S. No. 756 has been granted, and a copy thereof may be inspected at the offices of the Joint Auctioneers.

TITHES Tithe annuity aggregating 17/7d. is payable in respect of the land.

RENT CHARGES Rent Charges amounting to £56 15s. 6d. are secured on O.S. Nos. 753, 746, 754, 755, 752 & 749.

RATES Assessments for rating are:—Nett Annual Value £303 0s. 0d. Rateable Value £158 Os. Od. Owners Drainage Rates amounting to £1 10s. 3d. and a Commuted Rent Charge of 11/4d. are payable for the year ending 31st March 1961 in respect of this property.

TENANCIES The property is sold subject to the following tenancies :—

(i) Part of O.S. 749 is let to Miss Snow at 2/6 p.a.
(ii) The Grass of O.S. 746 has been sold until Christmas to Mr. B. Hawkins.
(iii) Part of O.S. 756 is let to Mr. Small at £7 10s. Od. p.a.
(iv) The remainder of the land is in hand and possession will be given on completion.

RIGHT OF WAY This Lot is sold with the benefit of a right of way over the trackway leading from Dunwear Lane. Nod. part 744 on the Ord. Map and marked “A-B” on plan A.

WAYLEAVES A Wayleave rent of 3/6d. p.a. is received in respect of an Electricity Pole and stays on O.S. No. 746.

BUILDINGS The Buildings which are of Brick construction with tiled roofs comprise 4 Kilns, Foreman’s Office, numerous Drying & Store Sheds and Boiler House, having a covered area of approximately 60,250 square feet.

SCHEDULE OF FREEHOLD LAND Coloured Pink on Plan “A”

The parcel numbers given above are taken from the 1/2500 Scale Ordnance Survey Sheet Somerset L.15 and L.16 Edition of 1930 and refer to the parishes of Bridgwater Without and North Petherton.

OS 6″ Map for 1936 Somerset Sheet L.SE, published 1947 showing the above plan in more context.

LOT 2

A Pair of very desirable Freehold Semi-detached Dwelling houses together with the Gardens and Store Sheds thereto belonging situate abutting River Lane at Dunwear, in the parish of Bridgwater without known as No. 1 & 2 Boat House Cottages, Nod. pt. 752 on the Ordnance Map containing .235 of an acre more or less. The Dwelling houses which have recently been reconstructed are substantially built, and are in excellent repair. Each property contains:—Living Room, Kitchen, 3 Bedrooms, Bathroom, and W.C. Drainage is to Cesspit and Water and Electricity are from Mains supply. No. 2 Boat House Cottage is let to Mr. B. Hawkins on a weekly tenancy at the Rent of 26/- tenant paying Rates, but this tenancy is not protected by the Rent Restriction Acts. No. 1 Boat House Cottage is Vacant.

Commuted Rent Charge 9/2d. Rateable Value No. 1 Boat House £15 0. 0. 5/ No. 2 Boat House £13 0. 0. The purchaser will be required to disconnect the electricity supply from the transformer on Lot 1 and to obtain his own supply direct from the cable in Riverside Lane.

LOT 3

A Close of Productive Pasture Land situate abutting the Bath Road in the Parish of Bridgwater without Numbered 733 on the tithe map and 95 on the Ordnance Map containing by that survey 3.828 acres more or less and let to Mr. C. H. Dyke on a yearly Christmas tenancy at the annual Rent of £25 0s. 0d. Planning permission has been granted for the Excavation of Clay from this Lot. Owners Drainage Rate 3/6d. Tithe Annuity El 1 s. 6d.

LOT 4

A Similar Close of Pasture Land situate adjoining Lot 3 Nod. 734 on the Tithe Map and 98 on the Ordnance Map containing by that Survey 4.549 acres more or less. Vacant Possession will be given on completion, Planning permission to excavate clay from this land has been granted. Owners Drainage Rate 4/6d. Tithe Annuity 2/10d.

LOT 5

All that Close of Pasture Land together with the excavated land adjoining situate on the North West side of the Bath Road in the Parish of Bridgwater Without Nod. (852a)2 and (853)2 on the Tithe Map and part 101 on the Ordnance Map containing by that Survey 6.650 acres more or less.
The Fishing Rights are let to the Bridgwater Angling Society at the annual rental of £3 0s. 0d. Vacant Possession of the remainder will be given on completion. Commuted Rent Charge 3/2d. Tithe Annuity £1 3s. 7d. Electricity Wayleave 4/- per annum.

The Above plan in wider context from the 6″ OS Map.

LOT 6

A Valuable Factory Site now used as

A LIME WORKS AT DUNBALL, BRIDGWATER

Coloured Pink on Plan “B” Site area 8.733 (more or less)

SITUATION The property is situated about 3 miles North of Bridgwater just East of the Bristol Road, adjoining Dunball Station, and can be approached either over a right-of-way (coloured brown on plan) from the Bristol Road or directly from the Puriton Road.

SERVICES Power: 450 volts, 3 phase, 50 cycles current is supplied by the South Western Electricity Board. Electricity : for Lighting the works is a 240 volt, single phase supply by the same Authority. Water: A main is laid to the Works.

TOWN PLANNING Planning rights in respect of the buildings exist for the manufacture of lime products.

TITHES Tithe Annuity 1/4d.

WAYLEAVES A Wayleave rent ammounting to 13/- is received in respect of in-stallation on the property.

ACCESS The property is sold subject to such rights-of-way as may exist over the trackway marked “A-B” and “B-C” on the plan.

SCHEDULE OF FREEHOLD LAND
(Coloured Pink on Plan “B”)

The parcel Nos. given above are taken from the 1/2500 scale Ordnance Survey Sheet Somerset L.3 Edition 1930 and refer to the parishes of Puriton and Bawdrip.

BUILDINGS The Buildings which are mainly of Brick or Stone structure and roofed with tiles, corrugated Iron and Asbestos comprise, a range of seven Brick and Stone built Lime Kilns, Kiln discharging shed, Store Sheds, Blacksmith Shop, Garage and Mess Room, and has a covered space of about 18,750 sq. feet.

Lots 6 and 7 in context on the above mentioned 6″ OS Map.

LOT 7

FREEHOLD LAND PURITON HILL PURITON

Coloured Blue on Plan B. Having a site Area of 32.577

SITUATION The property is situate on the south-west side of Puriton Hill about 3 miles from the centre of Bridgwater.

TOWN PLANNING The property is zoned for agricultural use in the Development Plan.

TITHES The property is subject to a Tithe Annuity of £8 8s. Od. per annum.

TENANCIES The property is sold subject to the following tenancies :—

(i) Part of the land is let to Mr. W. L. Bell at £25 10s. Od. per annum.
(ii) Part of the land is let to Mr. W. Parsons at £2 Os. Od. per annum.
(iii) Part of the land is let to Mr. Young at £3 Os. Od. per annum.
(iv) Part of the Land is let to Mr. Kenny at £30 a year.

The holding of Mr. W. L. Bell includes a portion of the land not contained within this Lot and, therefore, the rent will have to be apportioned, and the apportioned rent for this Lot will be £2510s. Od. per annum.

WAYLEAVES Wayleave rent of 10/- is receivable in respect of an Electricity in-stallation on this land.

POSSESSION The property is sold subject to the tenancies referred to above with possession of the remainder.

SCHEDULE OF FREEHOLD LAND

The parcel numbers given above are taken from the 1/2500 scale Ordnance Survey sheet of Somerset L.3 Edition of 1930, and refer to the Parish of Puriton.

LOT 8

A Close of Arable Land situate abutting the Woolavington Road at Puriton Nod. 478, 478a & 478b on the Tithe Map and 172 on the Ordnance Map containing by that survey 5.167 acres more or less and let to Mr. W. L. Bell on a yearly Michaelmas tenancy at the apportioned rent of £8 Os. Od. Tithe Annuity £1 4s. 11d. There is a right of way along the Western boundary of this Lot arising by Virtue of the provision of the appointment and Conveyance of the 11th November, 1921.

CONDITIONS OF SALE

Re John Board & Co. Limited.

The following Conditions apply to all Lots.

1. The Vendors’ Solicitors are Messrs. Cameron Kemm & Co., Gresham House, Old Broad Street, London, E.C.2.

2. The Vendors will sell as Beneficial Owners by the direction of the Receiver appointed by the Debenture Holders (hereinafter called “the Receiver”).

3. The Lots are sold subject to the tenancies referred to in these particulars.

4. On completion vacant possession of the premises will be granted with the exception of those parts affected by the tenancies mentioned in the Particulars.

5. A purchaser of several Lots with the same title shall not be entitled to more than one Abstract of the said title and in the case of original documents which will be handed to a purchaser on completion of his purchase, the Vendors shall be at liberty to furnish an Abstract of Title in conventional form or by way of photographic copies of documents. The Vendors shall deliver to the purchaser or his Solicitors an Abstract of Title within fourteen days of the date of sale.

6. The Vendors shall be entitled to a duplicate of the conveyance of any Lot or Lots, which shall be pre-pared and stamped at the expense of the Vendors, but shall be executed by the purchaser or purchasers free of expense to the Vendors.

7. The purchaser shall be deemed to buy with full notice of:

(a) The actual state and condition of the property in all respects whether as to quality, state of repair, rights of way or easements, or access of light and air, and shall take the property as it stands. If Sanitary or other notices affecting the property shall be served after the date of the sale the same shall be complied with by and at the expense of the purchaser.
(b) Any Local Land Charge including Town Planning Scheme or Resolution thereof affecting the property and the Vendors shall not be required to indemnify the purchaser in respect of any such Local Land Charge registered before the date of sale.
(c) All outgoings payable in respect of the property and to the provisions of any Town Planning Scheme and to any Resolution or Proposal affecting the same whether under the Town and Country Planning Act 1947 or otherwise and to any liability in respect thereof to all Notices, Resolutions or Orders (if any) issued by the Local or other Authority or Authorities and found to affect the property or any part thereof; to all building widening and/or improvements lines affecting the property or any part thereof.

8. Easements, rights, restrictive covenants and outgoings. Each lot is sold subject to and with the benefit of all existing rights of ways, water, support drainage, light and other easements or quasi easements (whether or not apparent on inspection) and of wayleaves for electric towers poles, cables, stays, drains and pipes whether mentioned in the Particulars or the Conditions or not, and subject to and reserving unto the Vendors and their assigns all rights, privileges and advantages at present enjoyed by way of easement, quasi easement or customary right over or against the lots sold for the benefit of or in connection with any adjoining or neighbouring lot or any other property held or retained by the Vendors, who shall not be required to define any such rights easements, privileges or advantages.

9. Apportionment of rents. Where necessary, the rents and outgoings have been apportioned by the Auctioneers for the purposes of this sale, and no purchaser shall require the consent of any tenant to be obtained to such apportionment, nor require such rents or outgoings to be legally apportioned. The apportionment of outgoings for various lots are for guidance only, and their accuracy is not guaranteed. Way-leave rentals falling due before completion will be retained by the Vendors.

10. The property is believed to be and shall be taken as correctly described and any -incorrect statement, error or omission found in the Particulars shall not annul the sale or entitle any purchaser to be discharged from his purchase nor shall the purchaser claim or be allowed any compensation in respect thereof.

11. Boundaries. In the event of any dispute as to the actual boundary or boundaries of any lot or lots the matter shall be referred to the Auctioneers, and their decision shall be final and binding on all parties. The Vendors shall not be called upon to identify the ownership of boundaries, fences, hedges, or fences.

12. The purchaser of each lot shall be deemed to purchase with full knowledge of its condition, cultivation, water supply and drainage and of the state of repair of any buildings or erections thereon notwithstanding any incomplete or inaccurate statement in the Particulars, General Remarks and Stipulations or the Con-ditions or the absence of any statement therein in respect of the matter and shall take each Lot as it is.

13. The tracks or roadways coloured brown on the Sale Plan dividing the several parts of Lots 6 and 7 do not appear to have been expressly indicated in the Conveyance of the adjoining lands to the Company and therefore in respect of these tracks or roadways, the Vendors shall not be required to deduce title to their right to use the same nor to establish that the purchasers of Lots 6 and 7 will have any legal right of way thereover or to use the same.

14. The Vendor reserves the right to sell the whole of the Lots or any lot or lots or part of any lot, to alter the order of sale, to amalgamate the lots or to withdraw the whole of the lots or any lot or lots, without declaring the reserve price.

15. Completion of the sale and purchase of all Lots shall take place on or before the 31st of December, 1960, and shall take place at the offices of the Vendors’ Solicitors.

16. The Lots are sold subject to these Conditions, to any alterations or additions thereto announced at the date of sale, and to the National Conditions of Sale 17 Edition (except Conditions 9, 13, 15 (1) and (2) and 16 (3) thereof) which are deemed to be incorporated herein and shall apply to the sale as far as they are not varied by or inconsistent with the conditions hereinbefore contained. The following Conditions apply only to the individual Lots mentioned in the headings.

LOT 1

(1) The title to Lot 1 shall commence as follows: —

(a) As to part, with a Conveyance on Sale dated 29th September 1899, and made between William Savidge Akerman of the one part and John Board & Co. Ltd. (hereinafter called “the Company”), of the other part.
(b) As to a further part, (i) with a Conveyance on Sale dated 4th December 1911, and made between the said William Savidge Akerman of the one part and the Company of the other part and (ii) with a Supplemental Conveyance on Sale dated 24th November 1924, and made between the said William Savidge Akerman of the one part and the Company of the other part.
(c) As to a further part, with a Conveyance on Sale dated 23rd August 1912, and made between Ada Louisa Williams, John Grainger Baker and John James Wheeler of the one part and the said William Savidge Akerman of the other part.
(d) As to a further part, with a Conveyance on Sale dated 26th November 1919, and made between Francis Leigh Carslake of the one part and William Henry Rainey of the other part.

(2) That part of Lot 1 which was comprised in the said Conveyance dated 29th September 1899 (being Ordnance Numbers 754, 755, 752 and part 753) was in such Conveyance expressed to be sold subject to a perpetual yearly rent charge of £25 and the said Conveyance contains a covenant by the Company with the said William Savidge Akerman his heirs and assigns that they the Company their successors or assigns would at all times thereafter pay the said yearly rent charge at the times therein-before appointed for payment thereof. The purchaser of Lot 1 shall buy subject to the said yearly rent charge of £25 apportioned as may be necessary and shall in the Conveyance to him covenant with the Company and the Receiver by way of indemnity that the purchaser will at all times hereafter duly [perform and observe the said covenant to pay the same and keep the Company and its successors in title and the Receiver effectually indemnified against all actions proceedings costs claims and demands whatsoever in respect thereof.] The original of the said Conveyance dated 29th September 1899 may be inspected at the offices of the Vendors’ Solicitors at any time prior to the sale during normal business hours, and the purchaser of Lot 1 shall be deemed to buy with full knowledge of the contents thereof whether or not he inspects the same.

(3) The said Conveyance dated 4th December 1911 comprised first a part of Ordnance Number 753 and secondly Ordnance Numbers 744, 749, 750 and part 751 (which is now merged in 753). The said Supplemental Conveyance dated 24th November 1924 comprised Ordnance Numbers 746 747 (which is now merged in 753) and part 749 and contained an Agreement and Declaration that the land secondly described in the Conveyance dated 4th December 1911 should as from the date of the Supplemental Conveyance be deemed to be the lands Ordnance Numbers 750, 751 (which is now merged in 753) and part 749. The purchaser of Lot 1 shall assume (without objection or enquiry) that the said Conveyance and Supplemental Conveyance together operated to convey to the Company the lands Ordnance Numbers 746, 747 (which is now merged in 753), 750, 751 (which is now merged in 753) and part 749 and 753. That part of Lot 1 which was comprised in the said Conveyance dated 4th December 1911 was in such Conveyance expressed to be conveyed subject to a perpetual yearly rent charge of £19 19s. Od. and subject also to all rights of way and other easements affecting the same and the covenants therein-after contained. The general tenor and effect of the said covenants was that the Company its successors and assigns would :

(i) thenceforth pay to the said William Savidge Akerman his heirs and assigns the said yearly rent charge of £19 19s. 0d. at the times and in the manner thereinbefore appointed for payment thereof
(ii) as soon as the hereditaments thereinbefore secondly described (as to which see above) had been defined, fence off such last mentioned hereditaments from the remaining hereditaments belonging to the said William Savidge Akerman to the satisfaction of the said William Savidge Akerman his heirs and assigns and thereafter repair and maintain such fence.
(iii) if the Company dug out and excavated the said lands thereinbefore described fill up the said land no dug out or excavated as aforesaid as soon and as far as practicable by means of a trunk from the River Parrett or otherwise as the Company should think fit. The said yearly rent charge of £19 19s. 0d. was released by a Deed of Release dated 6th May 1957 and made between Edward James Board Akerman and William Philip Akerman of the one part and the Company of the other part.

The Purchaser of Lot 1 shall buy subject to the said rights of way and other easements affecting the same referred to in the said Conveyance dated 4th December 1911. The Vendors shall not be required to define such rights of way and other easements nor to furnish the purchaser of Lot 1 with any particulars of the same other than such (if any) as are contained in the said Conveyance dated 4th December 1911. The purchaser of Lot 1 shall in the Conveyance to him covenant with the Company and the Receiver by way of indemnity that the purchaser will at all times hereafter duly perform and observe the said covenants contained in the Conveyance dated 4th December 1911 so far as they are still subsisting and capable of taking effect and affect the property purchased and keep the Company and the Receiver and their assigns respectively indemnified against all actions proceedings costs claims and demands whatsoever in respect of the said covenants or any of them.

That part of Lot 1 which was comprised in the said Supplemental Conveyance dated 24th November 1924 was in such Conveyance expressed to be sold subject to a perpetual yearly rent charge of £31 15s. 6d. and the Company thereby covenanted with the said William Savidge Akerman his heirs and assigns that the Company its successors and assigns would:

(i) thenceforth pay to the said William Savidge Akerman his heirs and assigns the said yearly rent charge of £31 15s. 6d. at the times and in the manner thereinbefore appointed for payment thereof:
(ii) erect and ever thereafter maintain to the satisfaction of the said William Savidge Akerman his heirs and assigns a fence between the points C and D shown on the plan annexed thereto (being points C and D marked on Plan A of the Particulars herewith) dividing the hereditaments thereby assured from the adjoining hereditaments of the said William Savidge Akerman if and when required by the said William Savidge Akerman:
(iii) if the Company dug out or excavated the lands thereby assured fill up the land so dug out or ex-cavated as aforesaid as soon as and as far as practicable by means of a trunk from the River Parrett or otherwise as they should think fit.

The purchaser of Lot 1 shall buy subject to the said yearly rent charge of £31 15s. 6d. and shall in the Conveyance to him covenant with the Company and the Receiver by way of indemnity, that the purchaser will at all times hereafter duly perform and observe the said covenants contained in the said Supplemental Conveyance dated 24th November 1924 so far as they are still subsisting and capable of taking effect and affect the property purchased and keep the Company the Receiver and their successors in title and assigns effectually indemnified against all actions proceedings costs claims and demands whatsoever in respect of the said covenants or any of them.

That part of Lot 1 which was comprised in the said Supplemental Conveyance dated 24th November 1924 is sold with the benefit of the right of way contained therein over and along the strip of land part Ordnance Number 745 lying between the points marked A and B on the plan annexed thereto (being points A and B on Plan A of the Particulars herewith). The original of the said Conveyance dated 4th December 1911 and the counterpart of the said Supplemental Conveyance dated 24th November 1924 may be inspected at the office of the Vendors’ Solicitors at any time prior to sale, during normal business hours, and the purchaser of Lot 1 shall be deemed to buy with full knowledge thereof whether or not he inspects the same.

(4) That part of Lot 1 which was comprised in the said Conveyance dated 23rd August 1912 (being Ordinance Number 756) was conveyed to the Company by a Conveyance on sale dated 28th September 1937 and made between the Personal Representatives of the said William Savidge Akerman of the one part and the Company of the other part in which the Company with intent and so as to bind (so far as practicable) the property thereby conveyed into whosoever hands the same might come but not so far as to render the Company liable for any breach of covenant committed after they should have parted with all interest in the said property thereby covenanted with the said Personal Representatives that they the Company would forthwith erect and thereafter maintain an adequate stock proof fence composed of concrete posts and wire between the points marked A and B on the plan endorsed thereon (being the points marked E and F on Plan A of the Particulars herewith).

The purchaser of Lot 1 shall in the Conveyance to him covenant with the Company and the Receiver that he will at all times hereafter duly perform the said covenant contained in the said Conveyance dated 28th September 1937 so far as it is still subsisting and capable of taking effect and affects the property purchased. The original of the said Conveyance dated 28th September 1937 may be inspected at the offices of the Vendors’ Solicitors at any time prior to sale, during normal business hours, and the purchaser of Lot 1 shall be deemed to buy with full knowledge of the contents thereof whether or not he inspects the same.

(5) Lot 1 is sold with the benefit of the covenants contained in a Conveyance on sale dated 5th September 1957 and made between the Company of the first part Lloyds Bank Limited of the second part and Peter Phillips of the third part (which Conveyance comprised part Ordnance Number 750). The counterparts of the said Conveyance dated 5th September 1957 may be inspected at the offices of the Vendors’ Solicitors at any time prior to sale, during normal business hours, and the purchaser of Lot 1 shall be deemed to buy with full knowledge thereof whether or not he inspects the same.

(6) Lot 1 is also sold subject to and with the benefit of an Agreement for a supply of electricity dated 11th December 1957 and made between the South Western Electricity Board of the one part and the Company of the other part. A copy of the said Agreement can be inspected at the office of the Vendors’ Solicitors at any time prior to sale, during normal business hours, and the purchaser of Lot 1 shall be deemed to buy with full knowledge of the contents thereof whether or not he inspects the same.

(7) Lot 1 is also sold subject to and with the benefit of two Electricity Wayleave Agreements and a consent given to Post Office Telegraphs affecting the same. Copies of the Wayleave Agreements and the Consent may be inspected at the offices of the Vendors’ Solicitors at any time prior to sale, during normal business hours, and the purchaser of Lot 1 shall be deemed to buy with full knowledge of the contents thereof whether or not he inspects the same.

(8) The Vendors reserve the right to hold an auction on Lot 1 of plant, machinery and equipment and the Vendors shall not be liable for any damage caused or sustained during the auction or by the removal of such plant machinery and equipment from Lot 1.

(9) Lot 1 is sold subject to the exception and reservation of rights of drainage from the cottages situate on Lot 2 into the cess-pit situate in the Standing Yard forming part of Lot 1.

LOT 2

2. (1) The title to Lot 2 shall commence with a Conveyance on Sale dated 29th September 1899 and made between William Savidge Akerman of the one part and John Board & Co. Limited (hereinafter called “the Company”) of the other part and a Statutory Declaration by the said William Savidge Akerman dated 14th January 1933.

(2) The property which was comprised in the said Conveyance dated 29th September 1899 and the said Statutory Declaration dated 14th January, 1933 (being Ordnance Numbers 754, 755, 752 and part 753) was in such Conveyance expressed to be sold subject to a perpetual yearly rent charge of £25 and the said Conveyance contains a covenant by the Company with the said William Savidge Akerman his heirs and assigns that they the Company their successors or assigns would at all times thereafter pay the said yearly rent charge at the times thereinbefore appointed for payment thereof. The purchaser of Lot 2 shall buy subject to the said yearly rent charge of £25 apportioned as may be necessary and shall in the Conveyance to him covenant with the Company and the Receiver by way of indemnity that the purchaser will at all times hereafter duly perform and observe the said covenant to pay the same and keep the Company and its successors in title and the Receiver effectually indemnified against all actions proceedings costs claims and demands whatsoever in respect thereof. The original of the said Conveyance dated 29th September 1899 and of the Statutory Declaration dated 14th January 1933 may be inspected at the offices of the Vendors’ Solicitors at any time prior to the sale, during normal business hours, and the purchaser of Lot 2 shall be deemed to buy with full knowledge of the contents thereof whether or not he inspects the same.

(3) The cottages situate on Lot 2 and known as Nos. 1 and 2 Boat House Cottages, River Lane, Dunwear, forming part of O.S. No. 752 are subject to an Improvement Grant and the Bridgwater R.D.C. have intimated that the amount repayable as at 30th November, 1960, would be £569 13s. 11d. On completion of the sale of Lot 2 the Vendor will discharge the Improvement Grant.

(4) Lot 2 is sold with the benefits of rights of drainage into the cess-pit situate in the Stacking Yard forming part of Lot 1.

(5) The purchaser of Lot 2 must, on completion, make his own arrangements for the connection of a supply of electricity.

LOT 3

3. The title to Lot 3 shall commence with the Will of Samuel Green who died on 12th March 1889.

LOT 4

4. The title to Lot 4 shall commence with a Statutory Declaration by Louis Henry Palmer dated 5th July 1945.

LOT 5

5. (1) The title to Lot 5 shall commence with a Mortgage dated 15th February 1868 and made between Elias Potter of the one part and Edward Collings of the other part.

(2) Lot 5 is sold with the benefit of the covenants contained in a Conveyance on Sale dated 17th April 1957 and made between the Company of the first part Lloyds Bank Limited of the second part and Knowle Hill Garage Limited of the third part (which Conveyance comprised part Ordnance Number 101) so far as the said covenants are still subsisting and capable of taking effect. The said covenants include (inter alia) covenants as to fencing. The counterpart of the said Conveyance dated 17th April 1957 may be inspected at the offices of the Vendors’ Solicitors at any time prior to sale during normal business hours and the purchaser of Lot 5 shall be deemed to buy with full knowledge thereof whether or not he inspected the same.

LOT 6

6. (1) The title to Lot 6 shall commence as follows : —

(a) As to part, with an Appointment and Conveyance dated 11th November 1921, and made between Christophe William Moore Greenhill and Christophe Benjamin Greenhill (hereinafter called “the Grantees”) of the first part the said Christophe William Moore Greenhill of the second part the Company of the third part and Leslie Clifford Brown of the fourth part:
(b) As to the remainder with a Conveyance on Sale dated 25th October 1920 and made between the Grantees of the one part and the Company of the other part;

(2) That part of Lot 6 which was comprised in the said Appointment and Conveyance dated 11th November 1921 (being Ordnance Number 163) was in such Conveyance expressed to be sold subject to and with the benefit of a Lease dated 10th July 1902 (hereinafter called “the Lease of 1902”) and made between the Grantees of the one part and the Company of the other part as varied by a Deed of Variation dated 10th November 1921 (hereinafter called “the Deed of Variation”) and made between the Grantees of the one part and the Company of the other part to the intent that the rights and liabilities of the Grantees and the Company under the Lease of 1902 (as varied) should during the residue of the term thereby granted remain in full force with respect to such of the hereditaments comprised therein (as varied) as were not conveyed to the Company by the said Appointment and Conveyance dated 11th November 1921 and so that the term of years granted by the Lease of 1902 (as varied) should not merge in the freehold and inheritance.

By the Lease of 1902 the Grantees appointed demised and leased unto the Company for the term of 60 years from 25th March 1903 at the rents therein mentioned (inter alia) part of the land comprised in Lot 6 (being Ordnance Number 163) and also certain rights to enter upon the lands and hereditaments set out in the First Schedule thereto for the purpose of opening quarries and getting and carrying away therefrom the cement lime shale burning shale throwaway shale diamond shale stone and other metals of what kind or nature soever which should be found therein and certain rights of way over the lands and hereditaments set out in the Second Schedule thereto subject to the provisions and conditions therein contained and with a reservation to the Grantees of certain rights of way railway and cart road on certain terms and other rights and powers therein mentioned.

The First and Second Schedules of the Lease of 1902 included (inter alia) part of the land comprised in Lot 6. The terms of the Lease of 1902 were varied by the Deed of Variation. The said Appointment and Conveyance of 11th November 1921 also contained in the First part the Sixth Schedule thereto an exception and reservation of all salt and brine and all mines or seams for beds of coal in and under the premises thereby appointed and conveyed (which, as before stated, com-prised (inter alia) part of Lot 6, with full right and liberty in fee simple for the Grantees their successors in title and assigns to search for work and get the same by underground workings only and so that the persons or person for the time being entitled to exercise the rights aforesaid should pay to the Company and their assigns compensation for all damage or injury caused to the surface of the premises or any part thereof or to any buildings for the time being erected thereon by reason of the powers thereby expressed to be reserved the amount of such compensation in case of dispute to be settled by Arbitration pursuant to the provisions of the Arbitration Act 1889 or any Act amending or extending the same.

The said Appointment and Conveyance of 11th November 1921 also contained in the Second part of the Sixth Schedule thereto an exception and reservation of the full right and liberty in fee simple for the Grantees their successors in title and assigns for the time being of the adjoining lands and the persons authorised by them to use and enjoy the like rights of way and carriage over the hereditaments described therein (being Ordnance Number 163) and the railways and sidings for the time being con-structed thereon as had theretofore been used and enjoyed by the Grantees under the Lease of 1902 and another Lease of 1914 or either of those Leases subject nevertheless to the payment by the Grantees their successors in title and assigns to the Company and their assigns of a fair proportion of the cost of upkeep and maintenance of any railways or sidings which the Grantees their successors in title and assigns should have such rights as aforesaid and such cost to be borne and ascertained as nearly as might be according to the extent of the user of the respective parties and in case of dispute to be settled by arbitration as aforesaid.

Such part of Lot 6 as was comprised in the said Appointment and Conveyance of 11th November 1921 is therefore sold subject so far as the same may be affected thereby to and with the benefit of the provisions of the Lease of 1902 and to the exceptions and reservations of minerals and of rights of way and carriage contained in the Sixth Schedule to the said Appointment and Conveyance.

The said Appointment and Conveyance dated 11th November 1921 also contained a covenant (inter alia) that the Company and the persons or corporation deriving title under them would not at any time thereafter bore or dig for or explore for salt or brine or manufacture or deal in salt or brine in or upon the hereditaments conveyed thereby or any part thereof, and the purchaser of Lot 6 shall, in the Conveyance to him, covenant with the Company and the Receiver by way of indemnity, that the purchaser will at all times hereafter duly perform and observe the said covenant so far as it is still subsisting and capable of taking effect and keep the Company the Receiver and their successors in title and assigns effectually indemnified against all actions proceedings costs claims and demands whatsoever in respect of the said covenant.

The original of the said Appointment and Conveyance dated 11th November 1921 and of the Lease of 1902 and the Deed of Variation may be inspected at the offices of the Vendors’ Solicitors at any time prior to the sale, during normal business hours, and the purchaser of Lot 6 shall be deemed to purchase with full knowledge of the contents of the said Appointment and Conveyance, Lease and Deed of Variation whether or not he inspects the same.

(3) That part of Lot 6 which was comprised in the said Conveyance dated 25th October 1920 was in such Conveyance expressed to be conveyed to the Company with the benefit of and right of enforcing all provisoes agreements stipulations and conditions on the part of the Salt Union Limited contained in an Assignment and Grant of Rights dated 17th August 1920 (hereinafter called “the Grant of 1920”) and made between the Grantees of the first part the Company of the second part and the Salt Union Limited of the third part so far as the same related to the hereditaments thereby conveyed.

The said Conveyance dated 25th October 1920 also contained an exception and reservation in favour of the Grantees their appointees successors in title and persons deriving title by purchase under a certain Disentailing Assurance dated 9th July 1902 (therein referred to) their or his heirs and assigns and appointees of all salt brine and coal within and under the hereditaments comprised in such Conveyance with full right power and authority to work win and get the same by underground working only and so that in exercising such power the Grantees their appointees successors in title and persons deriving title by purchase as aforesaid their or his assigns appointees and lessees should be under no obligation to leave any subjacent or later support for the surface of the said hereditaments or for any buildings then or at any time created, erected or being thereon or for any other land or minerals of the Grantees or either of them or any such minerals then subject to the limitations of the said Disentailing Assurance.

The said Conveyance dated 25th October 1920 also contained a provision and declaration that the Lease of 1902 (which also affected part of the land comprised in the Conveyance dated 25th October 1920) should not merge in the reversion expectant upon the determination thereof but should continue on foot (save as affected by the Grant of 1920) but so that the Grantees should have no right or claim against the Company under the provisions of such Lease in respect of any lands subject thereto which were thereby conveyed save in respect of minerals thereby excepted and reserved.

Such part of Lot 6 as was comprised in the said Conveyance dated 25th October 1920 is therefore sold with the benefit of the provisions of the Grant of 1920 so far as the same related thereto, and subject to the exception of minerals contained in such Conveyance and subject to and with the benefit of the provisions of the Lease of 1902 as far as the same may be affected thereby. The original of the said Conveyance dated 25th October 1920 and of the Lease of 1902 may be inspected at the offices of the Vendors’ Solicitors at any time prior to sale, during normal business hours, and the purchaser of Lot 6 shall be deemed to buy with full knowledge of the contents of the said Conveyance and Lease whether or not he inspects the same.

The Vendors have not the original of the Grant of 1920 nor an examined copy or abstract of the same nor of the plan annexed thereto, but the Vendors’ Solicitors can produce at their offices for inspection at any time prior to sale an unexamined copy thereof. The purchaser of Lot 6 shall not be entitled to call for the production of the original or any better copy or abstract of the Grant of 1920 or any evidence of the contents thereof than such as may be in the possession of the Vendors.

(4) Lot 6 is also sold subject so far as the same are still subsisting and capable of taking effect to and with such benefit as there may be of two agreements dated 12th December 1923, the first of which was made between The Great Western Railway Company of the one part and the Company of the other part (hereinafter called “the First Agreement”) and the second of which was made between The Great Western Railway Company of the first part the Grantees of the second part the Salt Union Limited of the third part and the Company of the fourth part (hereinafter called “the Second Agreement”).

The First Agreement granted to the Company a right of way over the road-crossing and railway approach road near Dunball Station subject as therein mentioned. The Transport Commission have indicated that a Purchaser will have to negotiate a new Agreement which would not necessarily be on the same terms as the old Agreement. The Second Agreement provided (inter alia) for the construction and relaying of certain junctions sidings and works on the railway and land near Dunball Station belonging to the said Great Western Railway Company subject as therein mentioned. The sidings that were constructed under the provisions of the Second Agreement have been removed and the Second Agreement has been determined by the Receiver.

The counterparts of the said First and Second Agreements and copies of the correspondence terminating the Second Agreement may be inspected at the offices of the Vendors’ Solicitors at any time prior to sale, during normal business hours, and the purchaser of Lot 6 shall be deemed to buy with full knowledge of the contents thereof whether or not he inspects the same.

(5) Lot 6 is also sold subject to the rights of way and other easements granted to the Salt Union Limited in an Assignment dated 16th August 1920 of certain leasehold Salt Works demised to the Company by a Lease of 1914. The general tenor of the said rights of way and other easements is as follows:

(i) In respect of the lands hatched red on the Plan marked “A” annexed to the Assignment dated 16th August 1920 and connecting the Salt Works thereby assigned with the lands of the Great Western Railway Company (such lands being held by the Company under the Lease of 1902) and over the sidings and railways constructed on the said lands hatched red the right at all times there-after to use the said siding and railway for the traffic thereover of trucks and wagons sufficient for the removal of salt from four pans and for the necessary stores coal refuse and appliances for the working of such pans and also for the before mentioned traffic all rights of access or communication with the main line of the Great Western Railway Company, or the crossing over the same and all other rights and privileges necessary in connection therewith in or upon the main and other lines which had been conceded to the Company by their Lessors in so far as the Company could legally grant the same the Salt Union Limited paying the costs of working such traffic and a proportionate part of the cost of the maintenance or renewal of such sidings such respective costs to be ascertained under the Arbitration Act 1899 or any statutory modification or reenactment thereof for the time being in force in case of dispute.
(ii) The right of access to the said Salt Works over and along the cart road of the Company com-prised in the Lease of 1902 in so far as the Company could legally grant the same but subject to the liability on the part of the Salt Union to contribute their proportionate part of the expense of the upkeep and maintenance of the said cart road and so that if any question or dispute should arise as to the amount of such upkeep and maintenance or as to the proportion of the same to be borne by the Salt Union Limited such question or dispute should be settled by arbitration under the provisions of the Arbitration Act 1889 or any statutory modification or re-enactment thereof for the time being in force.
(iii) The right to lay pipe lines and cables for electric lighting or power under the roadways over the lands comprised in the Lease of 1902 which lay between the lands of the Great Western Railway Company and the said Salt Works, but so that the route of such pipe lines and cables should in the first place be approved by the Company (such approval not to be unreasonably withheld) and so that the Salt Union Limited should compensate the Company for all damage occasioned by the laying of such pipe lines or cables and from any damage that they might sustain from the bursting thereof or from leakage therefrom.

The counterpart of the said Assignment dated 16th August 1920 may be inspected at the offices of the Vendors’ Solicitors at any time prior to sale, during normal business hours, and the purchaser of Lot 6 shall be deemed to buy with full knowledge thereof whether or not he inspects the same.

(6) Lot 6 is also sold subject to and with the benefit of a Deed of Grant of an easement for a water main with the necessary marker posts manholes sluice valves washouts and air valves dated 16th August 1945 and made between the Company of the first part Lloyds Bank Limited of the second part and the Minister of Supply of the third part. The counterpart of the said Deed of Grant may be inspected at the offices of the Vendors’ Solicitors at any time prior to sale during normal business hours, and the purchaser of Lot 6 shall be deemed to purchase with full knowledge of the contents thereof whether or not he inspects the same.

(7) Lot 6 is also sold subject to and with such benefit as there may be of an Agreement for the supply of electrical energy dated 4th September 1945 and made between the Bridgwater and District Electric Supply and Traction Company of the one part and the Company of the other part. The counterpart of the said Agreement may be inspected at the offices of the Vendors’ Solicitors at any time prior to sale, during normal business hours, and the purchaser of Lot 6 shall be deemed to buy with full knowledge of the contents thereof whether or not he inspects the same. (8) Lot 6 is also sold subject to and with the benefit of the Electricity Wayleave Agreement affecting the same. A copy of the Wayleave Agreement may be inspected at the offices of the Vendors’ Solicitors prior to sale, during normal business hours, and the purchaser of Lot 6 shall be deemed to buy with full knowledge of the contents thereof whether or not he inspects the same.

LOT 7

(1) The title to Lot 7 shall commence :

(a) With a Conveyance on sale dated 25th October 1920 and made between the Grantees of the one part and the Company of the other part
(b) As to another part, with a Conveyance on sale dated 14th March 1922 and made between Hubert Edward Aldridge and William Henry Palmer of the one part and the Company of the other part.
(c) As to another part, with a Conveyance on sale dated 18th August 1922, and made between the Honourable Hubert William Ponsonby of the first part Frank Reginald Hucklesby of the second part and the Company of the third part;
(d) As to another part, with a Conveyance on sale dated 16th March 1921 and made between William Savidge Akerman of the one part and the Company of the other part
(e) As to another part, with a Conveyance on sale dated 29th September 1899, and made between William Savidge Akerman of the one part and the Company of the other part.
(f) As to another part, with a Conveyance on sale dated 25th March 1920, and made between William Stiling and William Palmer of the one part and the Company of the other part.
(g) The remaining part of Lot 7 has registered title, the Company being registered as proprietor of the same with absolute title under Title Number P. 112110.

(2) That part of Lot 7 which was comprised in the said Conveyance dated 25th October 1920 was in such Conveyance expressed to be conveyed to the Company with the benefit of and right of enforcing all provisoes agreements stipulations and conditions on the part of the Salt Union Limited contained in an Assignment and Grant of Rights dated 17th August 1920 (hereinafter called “the Grant of 1920”) and made between the Grantees of the first part the Company of the second part and the Salt Union Limited of the third part so far as the same related to the hereditaments thereby conveyed. The said Conveyance dated 25th October 1920 also contained an exception and reservation in favour of the Grantees their appointees successors in title and persons deriving title by purchase under a certain Disentailing Assurance dated 9th July 1902 (therein referred to) their or his heirs and assigns and appointees of all salt brine and coal within and under the hereditaments comprised in such Conveyance with full right power and authority to work win and get the same by underground working only and so that in exercising such power the Grantees their appointees successors in title and persons deriving title by purchase as aforesaid their or his heirs assigns appointees and lessees should be under no obligation to leave any subjacent or later support for the surface of the said hereditaments or for any buildings then or at any time created, erected or being thereon or for any other land or minerals of the Grantees or either of them or any such minerals then subject to the limitations of the said Disentailing Assurance.

The said Conveyance dated 25th October 1920 also contained a provision and declaration that the Lease of 1902 (which also affected part of the land comprised in the Conveyance dated 25th October 1920) should not merge in the reversion expectant upon the determination thereof but should continue on foot (save as affected by the Grant of 1902) but so that the Grantees should have no right or claim against the Company under the provisions of such Lease in respect of any lands subject thereto which were thereby conveyed save in respect of minerals thereby excepted and reserved.

Such part of Lot 7 as was comprised in the said Conveyance dated 25th October 1920 is therefore sold with the benefit of the provisions of the Grant of 1920 so far as the same related thereto, and subject to the exception of minerals contained in such Conveyance and subject to and with the benefit of the provisions of the Lease of 1902 as far as the same may be affected thereby.

The original of the said Conveyance dated 25th October 1920 and of the Lease of 1902 may be inspected at the offices of the Vendors Solicitors at any time prior to sale, during normal business hours, and the purchaser of Lot 7 shall be deemed to buy with full knowledge of the contents of the said Conveyance and Lease whether or not he inspects the same. The Vendors have not the original of the Grant of 1920 nor an examined copy or abstract of the same nor of the plan annexed thereto, but the Vendors’ Solicitors can produce at their offices for inspection at any time prior to sale an un-examined copy thereof. The purchaser of Lot 7 shall not be entitled to call for the production of the original or any better copy or abstract of the Grant of 1920 or any evidence of the contents thereof than such as may be in the possession of the Vendors.

(3) That part of Lot 7, which was comprised in the said Conveyance dated 14th March 1922 (being part Ordnance Number 288) is sold subject to the exception- and reservation contained therein of the mines and minerals in under and upon the hereditaments other than such stone clay brick earth gravel sand and other minerals and substances as could be got by quarrying or surface working without under-ground workings. The original of the said Conveyance dated 14th March 1922 may be inspected at the offices of the Vendors’ Solicitors at any time prior to sale, during normal business hours, and the purchaser of Lot 7 shall be deemed to buy with full knowledge of the contents thereof whether or not he inspects the same.

(4) That part of Lot 7 which was comprised in the said Conveyance dated 18th August 1922 (being part Ordnance Number 305) was in such Conveyance expressed to be sold subject to all rights of way, rights of water and all other easements and rights affecting the same if any such existed. The Company shall not be required to define such rights of way, rights of water or other easements and rights nor to furnish the purchaser of Lot 7 with any particulars of the same other than such, if any, contained in the said Conveyance dated 18th August 1922. That part of Lot 7 is also sold with the benefit of the covenant on the part of the said Hubert William Ponsonby to pay certain death duties and succession duty. The original of the said Conveyance dated 18th August 1922 may be inspected at the offices of the Vendors’ Solicitors at any time prior to sale, during normal business hours, and the purchaser of Lot 7 shall be deemed to purchase with full knowledge of the contents thereof whether or not he inspects the same.

(5) That part of Lot 7 which has registered title (being part Ordnance Number 303) is sold subject to the entries set out in the Charges Register which are as follows :—

(i) 22nd September, 1932. The land is liable to such death duties as may be payable or arise by reason of the several deaths of the persons mentioned in a Deed dated 28th April 1913, which Deed contained covenants for the payment of the duties and the indemnifications of the Council as therein mentioned.
(ii) 22nd September, 1932. Land Charge affecting also other land on redemption of Tithe Rent Charge under the Tithe Acts, 1836 to 1918, by an Order of the Minister of Agriculture & Fisheries dated 8th November, 1922, registered on 19th July, 1923. NOTE: priority is claimed under Section 6(2) of the Tithe Act, 1918. Proprietors—The Ecclesiastical Commissioners for England of 1, Millbank, Westminster, S.W.1, registered on 19th July, 1923.

The purchaser of Lot 7 shall buy subject to the same and shall not require the Vendors to furnish any particulars thereof other than the particulars contained in the Charges Register. A copy of the Charges Register is available for inspection at the offices of the Vendors’ Solicitors during office hours. (6) Lot 7 is also sold subject to and with the benefit of an Electricity Wayleave Agreement and a Consent given to Post Office Telegraphs affecting the same. A copy of the said Wayleave Agreement and of the said Consent may be inspected at the office of the Company’s Solicitors at any time prior to sale, during normal business hours, and the purchaser of Lot 7 shall be deemed to buy with full knowledge of the contents thereof whether or not he actually inspects the same.

LOT 8

8. (1) The title to Lot 8 shall commence with an Appointment and Conveyance on sale dated 11th November, 1921, and made between Christophe William Moore Greenhill and Christophe Benjamin Greenhill (hereinafter called “the Grantees”) of the first part the said Christophe William Moore Greenhill of the second part the Company of the third part and Leslie Clifford Brown of the fourth part.

The land comprised in the said Appointment and Conveyance (which, as before stated, included inter alia, Lot 8) was in such Appointment and Conveyance expressed to be sold subject to and with the benefit of the provisions of the Lease dated 10th July 1902 (hereinafter called “the Lease of 1902”) and made between the Grantees of the one part and the Company of the other part as varied by a Deed of Variation dated 10th November 1921 (hereinafter called “the Deed of Variation”) and made between the Grantees of the one part and the Company of the other part to the intent that the rights and liabilities of the Grantees and the Company under the Lease of 1902 (as varied) should during the residue of the term thereby granted remain in full force with respect to such of the hereditaments comprised therein (as varied) as were not conveyed to the Company by the said Appointment and Conveyance and so that the term of years granted by the Lease of 1902 (as varied) should not merge in the freehold and in-heritance.

By the Lease of 1902 the Grantees appointed demised and leased unto the Company for the term of 60 years from 25th March 1903 at the rents therein mentioned (inter alia) certain rights to enter upon the lands and hereditaments set out in the First Schedule thereto for the purpose of opening quarries and getting and carrying away therefrom the cement lime shale burning shale throwaway shale diamond shale stone and other materials of what kind or nature soever which should be found therein and certain rights of way over the lands and hereditaments set out in the Second Schedule thereto subject to the provisions and conditions therein contained and with a reservation to the Grantees of certain rights of way railway and cart road on certain terms and other rights and powers therein mentioned. The First Schedule to the Lease of 1902 included (inter alia) part of the land comprising Lot 8. The terms of the Lease of 1902 were varied by the Deed of Variation.

The Land comprised in the said Appointment and Conveyance was also expressed to be sold subject to and with the benefit of the provisions of a Conveyance dated 16th August 1920 (hereafter called “the Salt Union Conveyance”) and made between the Yorkshire Penny Bank of the first part John Carnes and George Edwin Thackeray of the second part the Yorkshire Penny Bank Limited of the third part William Henry Palmer of the fourth part the Reverend Edward Henry Brice of the fifth part Fanny Parsons of the sixth part the said Christophe William Moore Greenhill of the seventh part the Grantees of the eighth part and the Salt Union Limited of the ninth part and the Assignment and Grant of Rights dated 17th August 1920 (hereinafter called “the Grants of 1920”) and made between the Grantees of the first part and the Company of the second part and the Salt Union of the third part.

By the Salt Union Conveyance provision was made for the Grantees and their appointees, successors in title and persons deriving title by purchase under a certain Disentailing Assurance of 9th July 1902 (referred to in the said Appointment and Conveyance of 11th November 1921) their or his appointees heirs and assigns to grant or agree to grant the right within a time (to be defined if considered requisite by relation to lives in being) not exceeding 30 years from 30th June 1919 to enter on any of the lands coloured blue in the plan annexed to the Salt Union Conveyance either temporarily or permanently for the purpose (inter alia) or exploring for or extracting and taking away salt or brine for laying pipe lines or electric cables making roads or laying rails subject to such rights of compensation and such provisions for fencing and such reservation of rent and provisions for purchase or option of purchase and other matters generally as the Grantees and their successors in title might negotiate if they were absolute owners. The Salt Union Conveyance contained a covenant by the Grantees in the following terms “And the Vendors” (meaning the Grantees) “for themselves and their appointees and assigns hereby jointly and severally covenant with the Purchasers” (meaning the Salt Union Limited) “and their assigns that neither their appointees successors in title persons deriving title by purchase under the Disentailing Assurance their and his appointees heirs and assigns lessees servants or agents or any of them will bore or explore for salt or brine on any of the said lands coloured blue and green on the said plan hereunto annexed or on any other lands belonging to the Vendors or either of them or subject to the limitations of the said Disentailing Assurance situate in the County of Somerset and will not grant to any Company or person any rock salt and or springs or the right to bore or explore for salt on any of such lands as aforesaid.”

The Salt Union Conveyance was followed by the Grant of 1920 in which (inter alia) it was provided that at any time during certain lives therein mentioned or within 21 years from the death of the survivor of such lives BUT NOT AFTER 30th JUNE 1949 the Salt Union might serve the Grantees with a notice in respect of any of the lands coloured blue on the plan annexed to the Grant of 1920 requesting per-mission to “bore” on any specified part of the said lands. It was also provided that notices might be served from time to time after 17th August 1920 during the period aforesaid BUT NOT AFTER 30th JUNE 1949, and the Grant of 1920 contained provisions to have effect when any such notice to “bore” had been served, and which (inter alia) related to the laying of pipes and cables under the Lands coloured blue on the said plan. The Company have not the original of the Grant of 1920, nor any examined copy or abstract thereof or of the plan annexed to the Grant of 1920. It is believed however that the lands coloured blue on the plan annexed to the Grant of 1920 affected the land comprising Lot 8 of the present sale.

Lot 8 is therefore sold subject so far as the same may be affected thereby to and with the benefit of the provisions of the Lease of 1902 (as varied by the Deed of Variation) and also to and with the benefit of the provisions of the Salt Union Conveyance and the Grant of 1920.

The originals of the Lease of 1902 and the Deed of Variation may be inspected prior to sale, during normal business hours, at the office of the Vendors’ Solicitors and the purchaser of Lot 8 shall be deemed to Purchase with full knowledge of the contents and effects of the Lease of 1902 and of the Deed of Variation, whether or not they inspect the same. The Vendors’ Solicitors can produce for inspection at their offices during normal business hours, unexamined copies of the Salt Union Conveyance and the Grant of 1920 and the purchaser of Lot 8 shall be deemed to buy with full knowledge of the contents of these documents, and shall not be entitled to call for the production of the original nor an examined abstract or copy thereof nor any evidence of the contents thereof other than such as may be in the possession of the Vendors. The purchaser of this Lot shall raise no requisition or objection to the fact that the Company has no acknowledgment of its right to production and delivery of copies of these documents. The Conveyance to the purchaser of this Lot shall be expressed to be subject to and with the benefit of the provisions of the Salt Union Conveyance and Grant of 1920. No notices to “bore” have been served under the Grant of 1920, and the purchaser of Lot 8 shall assume (as is believed to be the fact) that the provisions, before referred to, of the Salt Union Conveyance and the Grant of 1920 are no longer capable of being enforced as regards Lot 8.

(2) The said Appointment and Conveyance of 11th November 1921 also contained in the First part of the Sixth Schedule thereto an exception and reservation of all salt and brine and all mines or seams or beds of coal in and under the premises thereby appointed and conveyed with full right and liberty in fee simple for the Grantees their successors in title and assigns to search for work and get the same by underground workings only and so that the persons or person for the time being entitled to exercise the rights aforesaid should pay to the Company and their assigns compensation for all damage or injury caused to the surface of the premises or any part thereof or to any building for the time being erected thereon by reason of the powers thereby expressed to be reserved the amount of such compensation in case of dispute to be settled by Arbitration pursuant to the provisions of the Arbitration Act 1889 or any Act amending or extending the same but so that as to the rights to salt and brine at the date of the said Appoint-ment and Conveyance already granted or agreed to be granted to the Salt Union Limited by the Grantees in the Salt Union Conveyance and Grant of 1920, the right to compensation was restricted to compensation which might be payable to the Salt Union Limited under the said documents or some of them.

(3) The said Appointment and Conveyance of 11th November 1921 also contained in the Second part of the Sixth Schedule thereto an exception and reservation of full right and liberty in fee simple for the Grantees successors in title and assigns owners for the time being of the lands adjoining and at the date of the said Appointment and Conveyance remaining subject to the limitations of the said Disentailing Assurance and all persons duly authorised by them from time to time and at all times thereafter and for all purposes with or without horses sheep cattle and other animals carts wagons or other vehicles to pass and repass over and along the roads or ways shewn and coloured pink and hatched brown on the plan to the said Appointment and Conveyance over the enclosure (inter alia) numbered 172 (being Ordnance Number 172) PROVIDED ALWAYS that the Company and their assigns might from time to time and at any time on giving at least two weeks previous notice in writing to the Grantees their successors in title and assigns of their intention so to do temporarily close the said roads or ways upon substituting there-fore to the satisfaction of the Grantees their successors in title and assigns such alternative roads and ways as might be reasonably sufficient for the Grantees their successors and assigns. Such part of Lot 8 as was comprised in the said Appointment and Conveyance of 11th November 1921 is therefore sold subject so far as the same may be affected thereby to the exceptions and reservations of minerals and of rights of way contained in the Sixth Schedule thereto.

(4) The said Appointment and Conveyance of 11th November 1921 also contained certain covenants on the part of the Company the general tenor and effect of which is as follows :—

(i) That the Company and the persons or Corporation deriving title under them would not at any time thereafter bore or dig for or explore for salt or brine or manufacture or deal in salt and brine in or upon the hereditaments thereby conveyed or any part thereof (which included Lot 8).
(ii) That the Company and the persons or Corporation deriving title under them would from time to time and at all times thereafter save harmless and keep indemnified the Grantees and each of them and their respective states and effects from and against all proceedings costs claims losses damages and expenses which the Grantees or either of them or the estate and effects of either of them might sustain incur or pay by reason of any act or default by the Company or the persons or Corporation deriving title under them whereby any liability might be imposed upon or incurred by the Grantees or either of them or the estate and effects of them or of either of them under any covenant stipulation or provision entered into or made for the benefit of the Salt Union Limited or their assigns in the Salt Union Conveyance or the Grant of 1920 so far as the said Covenants stipulations and provisions affected the hereditaments conveyed by the said Appointment and Conveyance (which included Lot 8)
(iii) With the object and intent of affording the Grantees and each of them and the persons re-spectively deriving title under them a full and sufficient indemnity in respect of the said covenants stipulations and provisions contained in the Salt Union Conveyance and the Grant of 1920 and not further or otherwise that the Company and the persons or Corporation deriving title under them would from time to time and at all times thereafter observe and perform the said covenants stipulations and provisions so far as they affected the hereditaments conveyed by the said Appointment and Conveyance or any part or parts thereof.

The Purchaser of Lot 8 shall in the Conveyance to him, covenant with the Company and the Re-ceiver by way of indemnity, that the purchaser will at all times hereafter duly perform and observe the covenants stipulations and provisions contained in the said Appointment and Conveyance so far as they are still subsisting and capable of taking effect and affect the property purchased, and keep the Company and the Receiver and their assigns effectually indemnified against all actions proceedings costs claims and demands whatsoever in respect of the said covenants stipulations or provisions or any of them. The original of the said Appointment and Conveyance of 11th November 1921 may be inspected at the office of the Vendors’ Solicitors at any time prior to sale, during normal business hours, and the Purchaser of Lot 8 shall be deemed to purchase with full knowledge of the contents thereof whether or not he actually inspects the same.