Notes


Note for:   Mary Margaret Catterall,   1832 - 12 Apr 1899 aged 67          Index
Burial:   
     Place:   St Marys Newhouse Rc, Lancs

Individual note:   
1891 Census Notes

Myerscough, Livseys Farm

Mary Billington, Head, Widow, 57, Farmer, Myerscough, Lancs
Cuthbert, Son, S, 24, works on the farm, Myerscough
Mary Jane, Daur, S, 20, works on the farm, Myerscough, Lancs
Edward, Son, S, 17, works on the farm, Myerscough, Lancs
Ann, Daur, S, 15, works on the farm, Myerscough, Lancs
Edward, Grandson, S, 10, Scholar, Myerscough, Lancs
Cuthbert Crompton, Nephew, S, 14, Farm Servant, Preston, La ncs
Thomas Morrison Lucas, Nephew, S, 40, Farm Servant, Halton

Yearly Lease of Ratcliffe Farm Myerscough
from the Queen to Mrs Mary Billington
dated 15th September 1888 (Stamp �1).

These presents (of which the several consecutively numbere d clauses contained in the schedule hereto are parts) witne ss as follows:

In consideration of the rents hereby reserved and the coven ants and agreements on the part of Mary Billington of Myers cough in the County of Lancaster, Widow (herein called "th e Lessee"), Her Majesty (herein called the "Lessor") by th e advice and consent of Her Chancellor and Council of Her D uchy of Lancaster - demises unto the Lessee (first) the far m and lands particularized in Clause No. 1 of the Schedul e hereto and (Secondly) the right particularized in Claus e No. 2 of the said Schedule with all appurtances but subje ct to the exceptions and reservations set forth in the Seco nd part of the said Schedule, to hold the first demised pre mises (which or any unresumed residue thereof for the tim e being are "the holding" herein referred to) from the 29t h day of September 1886 from year to year and to hold or en joy the secondly demised premises until Lady day next there after, yielding the rents (herein called "the reserved rent s") and at the times and in the manner set forth in the thi rd part of the said Schedule.

The Lessee for herself and her assigns Covenants with the L essor as in the fourth part of the said Schedule is set for th, and it is declared and agreed as in the fifth part of t he said Schedule is set forth.

As witness the seal as well of the said Duchy as of Her Maj esty's County Palatine of Lancaster and the hand and seal o f the Lessee the 15th day of September 1888.

Signed sealed and delivered (the word "shall" in line 4 an d the word "next" in line 5 of clause 10 having been previo usly struck out and the figures "1886" after the first wor d in line 5 of clause 10 having been previously inserted) b y the above named Mary Billington with her mark (X) in th e presence of James S. Charlton, 41 Fishergate, Preston, Cl erk with Thos Nevett.

The Schedule

First Part / The Farm

1) All that farm and lands known as Ratcliffe's Farm situat ed in the township of Myerscough and Parish of Lancaster i n the County of Lancaster delineated on the annexed plan an d therein edged with red, the particulars whereof are as fo llows:

No on PlanNames of FieldsState of CultivationAcreage (a, r , p)

113House Meadowspasture3.2.6
122Folds and Garden Croft-1.1.24
123Little Fence and Garden Carr Brookarable11.2.21
125Further Carr Brook / Nearer Carr Brookdo13.1.36
126Little Field and Middle Fieldpasture4.3.2
127Pit Fielddo3.1.33
127.2Part of Sandholedo4.0.2
128Formerly in four Closesdo10.1.19
129Dittodo6.3.10
130North Napples Bottom & South Napples Bottomarable8.1.19
131Nearer Middle & Furthest Hillspasture10.0.10
136Formerly in 9 Closesdo8.1.23
137West and East White Cross Fieldsdo9.1.0
138North White Cross Fielddo8.2.12

Total104.0.17

2) The right to use for threshing dressing and marketing th e corn grown on the holding in the last year of the tenanc y (but for that purpose only) the barns granary and rickyar d hereby demised free of rent or other payment for such use.

Second Part / The exceptions and reservations

3) Minerals - All "minerals" which expression means royal a nd other mines minerals and mineral substances.

4) Trees - All "trees" which expression also includes polla rds spires tellers plantations saplings bushes and shrubs b ut not fruit or coppice or underwood or cuttings of pollard s or of hedges.

5) Right of Entry in Order - The right to enter pass and de part (with or without horses carriages cattle engines and i mplements) on through over under and from and to occupy an d use any part of the holding as well over as under groun d for the purpose of exercising any of the after mentione d rights.

6) To Work Minerals - The exclusive right a) to search fo r get (with or without support to the surface) carry away d eposit make merchantable or otherwise deal with any mineral s found either on the holding or elsewhere and any other su bstances gotten therewith b) for any of those purposes to m ake erect use drain ventilate and supply with water any roa ds workings structures machinery and other conveniences an d c) to fell bark stack and carry away trees.

7) To Fell Trees, to Examine the Holding, To Repair, To Ins pect Books, To Distrain, To Improve, To Cultivate - the ri ght a) to examine the holding b) to make good such defect s of cultivation wants of repair or destruction or damage b y fire as the Lessee is liable but for three calendar month s after being furnished by the Lessor with a specificatio n thereof has failed to make good c) to inspect and take co pies and extracts from any of the books mentioned in Claus e No. 16 c) to distrain for any money payable hereunder b y the Lessee d) to plant drain or make roads build on or ot herwise improve the holding e) to prepare sow and manure i n the last year of the tenancy land in due course for gree n or root crops or fallows and in the last month of the ten ancy the land to be left at the end of the term in clover l ay and f) during and for these two respectively last mentio ned periods and operations to have proper and sufficient ac commodation on the holding for the Lessor or the incoming t enant and the Lessor's or incoming tenant's agents servant s horses carriages engines and implements.

8) Right to Resume Possession of Part - The right from tim e to time on any of the after mentioned quarter days to res ume possession of (and thereby determine the tenancy with r espect to) any part of the holding for any one or more of t he following purposes namely a) the erection of any buildin gs b) the providing of land to be used to be used with an y present or future building and c) any of the purposes men tioned in section 41 of the Agricultural Holdings (England ) Act 1883 on giving to the Lessee at least 3 months previo usly notice specifying the land of which the quarter day o n which and the purpose or purposes for which possession i s to be resumed.

9) Right to Determine Lease, by Notice, for Non-Payment o f Rent, for Breach of Covenant or Bankruptcy or on Divestin g of Term - The right to determine the tenancy at any tim e in case of the reserved rents shall be wholly or partly i n arrear for 40 days although not legally demanded or in ca se the Lessee shall break any of the Covenants herein conta ined or shall become bankrupt or enter into liquidation fo r the benefit or compound with the Creditors of the Lesse e or in cases the Lessee's interest hereunder shall be tak en in execution or become vested (except with the Lessor' s consent or except by bequest or representation on death ) in any other person or persons or in any corporation.

Third Part / The reserved rents

10) The three following yearly rents each payable without d eduction except as excepted in Clause No. 11 by equal insta lments at Lady day Midsummer day Michaelmas day and Christm as day (all new style) that is to say a) the yearly rent o f �175 of which the first instalment became due on Christma s day 1886 b) the yearly rent of �50 (as liquidated or fixe d rent and not by way of penalty) for every acre (and so i n proportion for any less quantity) of meadow or pasture la nd which the Lessee shall without the Lessor's Consent conv ert to any other use and c) the yearly rent of �5 for ever y sum of �100 (and so in proportion for any less sum) whic h the Lessor may from time to time with the Lessee's consen t expend in improving the holding the first instalment of e ach of the two last mentioned yearly rents to become due o n such of the said quarter days as shall next follow the co mmencement of such conversion or the completion of such imp rovement as the case may be and the last instalment of eac h of the said three yearly rents to be paid either d) in ad vance on the quarter day next preceding that on which the t enancy of the whole or the residue of the holding shall b e determined by notice or e) on any day on which the tenanc y of the whole of the holding shall otherwise be determine d but so that in this latter case so much only of the las t instalment is to be payable as shall be proportionate t o the period then elapsed since the last preceding quarte r day.

Fourth Part / The Lessee's Covenants

11) To Pay Rents - To pay to the Lessor the reserved rent s (so far as respectively for the time being payable) witho ut any deduction (except landlord's property tax and excep t as hereinafter in that behalf agreed) at the times and i n manner herein prescribed.

12) To Reside on Farm - To reside upon the holding.

13) To Pay Outgoings - To pay all parliamentary parochial e xtraordinary and other taxes rates and assessments includin g land tax lithe quit rents and sewers rate from time to ti me during the tenancy charged on all or any part of the hol ding or on all or any of the reserved rents.

14) To Cultivate - To keep the holding properly stocked an d all the land thereof clean and in good heart and conditio n and cultivated and managed in a good and husbandlike mann er and (as regards arable land) so cultivated in due propor tion rotation of usual crops and proper fallows and each po rtion thereof in such state and condition in all respects a s for the time being such ought in due course of agricultur e to be.

15) As to Threshing the Last Year's Corn - To thresh the co rn grown on the holding in the last year of the tenancy s o as most to conduce to the value of the fodder and so as t o supply straw as it shall be reasonably required for use o n the holding.

16) To Keep Farm ation affecting the tenancy granted durin g "the Duchy of Lessorship" (which expression herein mean s while the reversion immediately expectant on the determin ation of the tenancy remains vested in Her Majesty Her Heir s or Successors in right of the said Duchy) to be left fo r not less than 7 days at the Office for the time being i n London of the said Duchy within 6 calendar months next en suing the respective dates thereof.

29) To Insure - To keep insured during the tenancy agains t loss or damage by fire in the joint names of the Lessor a nd the Lessee in the Westminster Fire Office or in such oth er fire insurance office as the Lessor shall from time to t ime by Notice direct all buildings now standing on the hold ing in the sum of �950 at the least and all building erecte d hereafter on the holding in a sum equal to the full insur able value of such last mentioned buildings such value to b e determined by the Surveyor for the time being of the Less or.

30) To Produce Policies, Etc - To produce to the Lessor o r to the Lessor's Agent whenever and wherever thereunto b y Notice required the Policy and receipt for the last Premi um in respect of every insurance referred to in the last pr eceding Clause.

31) To Reinstate after Fire - To reinstate every such build ing on the holding as may (and forthwith after it shall hav e been) destroyed or damaged by fire by the expenditure o f the monies to be received from any such insurance as afor esaid relating to such building and (subject thereto) at th e proper cost of the Lessee.

32) Not to do or knowingly suffer any thing tending to mak e any such insurance void or voidable or any building addit ionally hazardous.

33) To Repay Outlay in Repairs, Insurances, To Pay for Manu re Removed, Trees Cut Down, Etc - To pay to the Lessor on d emand together with interest at the rate of $5 per cent pe r Annum on the respective sum the subject of the demand fro m the date of the demand until the payment thereof a) any s ums expended by the Lessor either in making good (under Cla use No. 7) any defects of cultivation or any wants of repai r or any destruction or damage by fire or in effecting or m aintaining (which the Lessor shall have an absolute discret ion of doing or not doing) any insurance against fire whic h the Lessee is liable but has failed to effect or to maint ain or to produce evidence (as hereinafter provided) is sub sisting and b) by way of liquidated damages and not of pena lty the sum of �5 for every ton (and so in proportion for e very less quantity) of manure fodder hay or straw which (un der Clause No. 21) the Lessee ought not to have but has sol d or removed without Consent and the amount of the value an d an additional sum of �5 in respect of every tree now or h ereafter standing or growing on the holding which the Lesse e shall cut down or injure without the Lessor's Consent.

34) To Permit Exercise of Reserved Rights - To permit the L essor from time to time and at all times during the tenanc y to fully and freely exercise all the rights mentioned i n the Second Part of this Schedule without any abatement o f rent allowance or compensation except as herein before ex pressed.

Fifth Part / Declarations and Agreements

35) Lessor's Surveyor's Certificate Conclusive - The Certif icate of the Lessor's Surveyor shall be conclusive evidenc e both of the amount and the propriety of the expenditure m entioned in Clause No. 33 unless within 7 days next after a ny such amount has been demanded the Lessee gives notice t o the Lessor requiring that the amount (if any) to be pai d pursuant to the demand shall be settled by a reference.

36) No resumption under Clause No. 8 or any part of the fir st demised premises and no consequent determination under t hat Clause of the tenancy as to such part shall in respec t either a) of any thing previously done or happened or b ) of the residue for the time being unresumed of the firs t demised premises affect the rights remedies or obligation s hereunder either of the Lessor or Lessee and after any su ch resumption the reserved rents and the Covenants and Prov isions herein contained in reference to the whole of the de mised premises shall (so far as may be and subject to the o peration of the three next Clauses) continue applicable t o the then unresumed residue of the demised premises in th e same manner as if that residue alone had originally demis ed by these Presents.

37) Deductions from Rent on Resumption - The Lessee shall b e entitled in respect of any such depreciation of the valu e to the Lessee of the holding as may be caused by the exer cise of any right mentioned in Clause No. 6 or in Clause No . 8 to deduct from each instalment of such of the reserve d rents as may thereafter (while such depreciation continue s) be for the time being payable such a sum as in case o f difference shall be settled by a reference.

38) Compensation for Improvements under Agricultural Holdin gs (England) Act 1883 Schedule 1 Part 3 - If on any determi nation of the tenancy as to all or any of the demised premi ses the Lessee shall not make any claim under the said Ac t in respect of any improvement mentioned in the third par t of the First Schedule to the said Act which shall have be en made on the premises as to which the determination take s place the Lessee shall on such determination be entitle d to receive from the Lessor in respect of such improvemen t such an amount of fair and reasonable compensation havin g regard to the circumstances existing at the date of thes e presents and ascertainable conformably to the right to co mpensation prescribed by Sections 1 & 6 of the said Act a s (in case of difference) shall be settled by a reference.

39) Tenant Right - The Lessee also on every such exercise o f any right mentioned under Clause No. 6 or in Clause No . 8 as may deprive the Lessee of the whole use and enjoymen t of all or any part of the holding shall in addition to th e benefit of such deductions from the reserved rent as afor esaid and to the benefit of the above mentioned compensatio n for improvements made on the land as to which the exercis e last aforesaid takes place be entitled to receive from th e Lessor such payments allowances and compensation in respe ct of that land and subject to such deductions and set off s if any as by the said Custom the Lessor and the Lessee re spectively would be entitled to claim in respect of the las t mentioned land if the tenancy had been determined by Noti ce to quit on the day on which such exercise shall have tak en place or on which Notice thereof (if requisite) shall ha ve been given and the amounts of all such payments allowanc es compensation deductions and set offs respectively and al so the amounts of any of those respectively which may hav e to be made in respect of the holding on the determinatio n of the tenancy shall (in case of difference) be settled b y a reference.

40) Effect of Notice to Resume Part - If the Lessor shall n ot within 28 days after the Lessee's request made within 2 8 days after Notice has been given under Clause No. 8 withd raw that Notice then such Notice shall also operate to dete rmine the tenancy with respect to the residue of the holdin g on the Michaelmas day next ensuing the quarter day name d in the same Notice but such determination shall be withou t prejudice to any rights or remedies which may then or pre viously have accrued hereunder to either the Lessor or Less ee against the other of them.

41) As to Giving Notices, Etc - Every Notice consent specif ication and demand hereunder shall be in writing and (if t o be given or made by or on the part of the Lessor) left o n the holding or at the last known place of abode in Englan d of the Lessee or (if to given or made by or on the part o f the Lessee) left at the Office for the time being in Lond on of the said Duchy or (after the termination of the Duch y Lessorship) at the last known place of abode in England o f the Lessor.

42) Agents - All payments to be made to and all notices an d other things to be given or done and all rights exercisab le by the Lessor hereunder may be respectively made to an d given done and exercised by any Officers or others thereu nto authorized by the Lessor.

43) Construction of Expressions "Lessor" & "Lessee" - Excep t where such a construction is repugnant to the context th e expression "the Lessor" shall be deemed to include Her Ma jesty's Heirs and Successors in right of Her said Duchy an d Her and their Assigns and the expression "the Lessee" sha ll be deemed to include the Lessee's executors administrato rs and assigns and for all the purposes of the Clauses in t his Schedule (except as regards the names in which building s are to be insured) the Chancellor for the time being of t he said Duchy shall during the Duchy Lessorship represent H er Majesty Her Heirs and Successors in right of such Duch y and be deemed to be the Lessor.

44) Differences to be Settled by Reference - Any questio n arising between the Lessor and the Lessee touching the op eration or construction of anything connected with these Pr esents shall be settled by a reference.

45) Mode of Conducting References - Every reference hereund er shall be subject to the provisions as to references cont ained in the said Act except that there shall be substitute d a) for the County Court and for the Judge thereof and fo r the Land Commissioners for England respectively the Presi dent for the time being of the Surveyor's Institute and b ) for the Registrar of the County Court such person as th e said President may on the application of either party nom inate to tax the costs and the taxation of any person so no minated shall be final and not subject to review and excep t also that the Award of the Referee or the Referees or o f the Umpire shall be final and conclusive.

Inrolled the 5th day of October 1888

Engleheart, Keeper of the Records of the Duchy of Lancaster.