Thomas Staniforth & Co. Sickle works at Hackenthorpe.
Front of Indenture H1
The Following is a Mortgage at Hackenthorpe dated May 10th, 1877
Between MR CHARLES HEATON STANIFORTH to THE ROTHERHAM AND SOUTH YORKSHIRE PERMANENT BENEFIT BUILDING SOCIETY
Mortgage of Freehold Hereditaments situate at Hackenthorpe in the county of Derby to secure the payment of subscriptions to the funds of the said Society in respect of 3 ½ shares wherein.
This indenture made the Fourth day of May One Thousand Eight Hundred and Seventy Seven BETWEEN CHARLES HEATON STANIFORTH of Hackenthorpe in the County of Derby Miner of one part and THE ROTHERHAM AND SOUTH YORKSHIRE PERMANENT BENEFIT BUILDING SOCIETY established at the Mechanics Institute in Rotherham in the County of York and incorporated under the Building Societies Act 1874 and hereinafter called the said Society of the other part WHEREAS the said CHARLES HEATON STANIFORTH is a member of the said Society and being the holder of three and a half shares therein terminating in fifteen years is entitled to receive out of the funds of the said Society the sum of three hundred and fifty pounds being the full amount of the same shares upon executing this Mortgage Security NOW this indenture WITNESSETH that in consideration of the sum of THREE HUNDRED AND FIFTY POUNDS sterling to the said CHARLES HEATON STANIFORTH paid by the said Society before the execution hereof the receipt of which said sum of three hundred and fifty pounds the said CHARLES HEATON STANIFORTH hereby acknowledges the said CHARLES HEATON STANIFORTH doth by these presents grant unto the said society their successors and assigns ALL those six tenements and dwellinghouses with the yards and conveniences thereto belonging situate and being in Hackenthorpe in the County of Derby bounded on the North in part by wasteland and in other part by land belonging to EARL MANVERS on the East in part by said land of the said EARL MANVERS and in other part by a garden and premises belonging to MRS ELIZABETH LAW on the South by tenement buildings and premises of the said ELIZABETH LAW and on the West by BROOK LANE ROAD and which said hereditaments have been heretofore described as ALL that cottage or tenement formerly in two tenements and garden with the appurtenances situate and being in Hackenthorpe aforesaid formally in the possession of THOMAS CROWTHER afterwards of WILLIAM CARTLEDGE and then of MARK RICHARDSON and also all that other cottage or tenement erected upwards of sixty years ago adjoining the last described tenement formally in the possession of JAMES WOODHEAD the elder and then of JAMES WOODHEAD AND also all those three messuages or dwellinghouses erected and build by one STEPHEN STANIFORTH upon part of the garden ground formally occupied by the said JAMES WOODHEAD TOGETHER with the actual and reputed right to easements and appurtances to the said hereditaments and premises belonging or appertaining or usually held or enjoyed therewith AND all the estate right title interest inheritance claim and demand whatsoever both at law in equity of the said CHARLES HEATON STANIFORTH into or out of the said premises TO HOLD the said premises unto and to the use of the said Society their successors and assigns PROVIDED always that the said CHARLES HEATON STANIFORTH his heirs executors administrators or assigns shall duly make the several payments which by virtue of these presents on the present or future rules of the said society shall become due or payable in respect of the said three and a half shares and shall also observe and perform the said rules it shall be lawful for him them to hold the said premises and receive the rents and profits thereof PROVIDED also that if the said CHARLES HEATON STANIFORTH his heirs executors administrators and assigns shall any time or times for six fortnightly meetings of the said society neglect or refuse to make the several payments or perform or observe the rules as aforesaid THEN in any and every such case it shall be lawful for the said society their successors and assigns at any time or times thereafter without any notice to or further consent and notwithstanding the dissent of the said CHARLES HEATON STANIFORTH his heirs executors administrators or assigns to sell the said or any part thereof by public auction or private contract together or in lots with power to make any special other conditions of sale as to title or evidence of commencements of title or otherwise and with liberty to buy in the said premises or any part thereof at any such public sale or sales and to rescind or vary any contract for sale therof and to resell the premises without being answerable for any consequent loss and for the purposes aforesaid to execute and do all such assurances acts and things as the said society their successors and assigns shall think fit ANDHIS hereby declared that upon any sale by any person or persons who may not be seized of the legal estate the person in whom the legal estate should be rested shall execute and do all such assurances and acts for carrying the sale into effect as the person or persons by whom the sale shall be made shall direct ANDHIS hereby further declared t6hat the said Society their successors and assigns shall apply the monies to arise from such sale or sales as aforesaid and the rents and profits in any which shall have been received by them of the said premises after payments of all expenses of and of incident to the execution of the trusts and powers of those presents in paying and satisfying all principal interest fines and all other monies which shall be then due owing or payable to the said Society their successors and assigns in respect of the said three and a half shares or sum of three hundred and fifty pounds AND ALSO all subscriptions and premiums which would according to the rules and regulations for the time being of the said society have thereafter become payable in respect of the same shares or sum of three hundred and fifty pounds as if the same were then in arrear AND shall render and pay the surplus if any to the said CHARLES HEATON STANIFORTH his executors administrators or assigns ANDHIS hereby declared that the receipts of the messuages for the time being of the said society for any purchase or other monies payable by virtue of these presents shall exonerate the person or persons paying the same respectively from all responsibility in respect of the application misapplication or nonapplication thereof and from being obliged to enquire whether there has been any such neglect or refusal as aforesaid and from being affected by express notice that no such neglect or refusal as aforesaid has happened or that any such sale or sales is or are unnecessary or inproper AND the said CHARLES HEATON STANIFORTH for himself his heirs executors and administrators hereby covenant with the said society their successors and assigns THAT the said CHARLES HEATON STANIFORTH his heirs executors administrators and assigns will at all times hereafter duly make the several payments which by virtue of these presents or the present or future rules of the said society shall become owing or payable in respect of the said three and a half shares AND will also perform and observe the present and future rules of the said society AND the said CHARLES HEATON STANIFORTH now hath full power to grant the said premises in the manner aforesaid free from incumbrances AND the same premises shall be held and enjoyed accordingly AND shall at any time or times at the cost of the said CHARLES HEATON STANIFORTH his heirs executors administrators and assigns before sale and conveyance thereof and afterwards at the cost of the person or persons requiring the same be further and more effectually satisfactorily assured UNTO AND TO THE USE of the said society their successors and assigns by such acts deeds and assurances as the said society their successors or assigns shall reasonably require and tender to be done executed or made AND ALSO that the said CHARLES HEATON STANIFORTH his heirs executors administrators or assigns will so long as any money shall remain on the security of these presents shall keep all the aforesaid messuages and buildings insured against loss or damage by fire in the sum of three hundred and fifty pounds at the least in the name or names of the said society their successors or assigns in some office to be approved by them and will punctually pay all premiums and sums of money necessary for such purpose and will at any time on demand deliver to the said society their successors or assigns the policy or policies of such insurance and the receipt for every such payment AND ALSO that if default shall me made in keeping all the same premises so insured it shall be lawful for the said society their successors or assigns to insure and keep insured as aforesaid all or any of the same premises in any sum not exceeding the sum of THREE HUNDRED POUNDS AND that the said CHARLES HEATON STANIFORTH his heirs executors administrators or assigns will repay to the said society their successors or assigns every sum of money expended for that purpose by them with interest thereon at the rate aforesaid from the time of the same respectively having been so expended AND until such repayment the same shall be a charge upon the premises hereinbefore expressed to be hereby granted AND further for enabling the said society their successors and assigns for the purposes aforesaid to pursue the remedy by distress and ejectment in regard to such of the said premises as are now in the possession of the said CHARLES HEATOIN STANIFORTH the said CHARLES HEATON STANIFORTH hereby becomes quarterly tenant thereof (such tenancy commencing on the day of the date of these presents) to the said society their successors and assigns at the quarterly rent of THREE POUNDS the first of such quarterly payments to be due on the 10th day of August next PROVIDED lastly that nothing herein contained the said premises under or by virtue of the present or future rules of the said society or under or by virtue of any act or acts of parliament for the time being in force with respect to Benefit Building Societies IN WITNESS whereof the said CHARLES HEATON STANIFORTH to these presents has hereinto set his hand and seal and the said society affixed their common seal the day and year first above written
Back of Indenture H1
Signed sealed and delivered by the within named
CHARLES HEATON STANIFORTH
in the presence of ALFED GILBERT clerk to Messrs BADGER RHODES Solicitors Rotherham
Received the day and year first within written from the within named Society the sum of Three Hundred and Fifty Pounds being the consideration money within expressed to be paid by the said Society
Witness ALFRED GILBERT C H STANIFORTH
In 2 parts
Charles Heaton Staniforth
Earl Manvers – East boundry
Mrs Elizabeth Law – South boundary
Previous tenants of Brook Lane:
James Woodhead Snr
Charles Heaton Staniforth of Hackenthorpe - Miner
The Rotherham and South Yorkshire Permanent Benefit Building Socity – Mechanics Institute of Rotherham
Under the Building Societies Act of 1874. (No longer having to go to Gentlemen and Yeoman etc to borrow money)
Being the holder of three and a half shares equating to Three hundred and Fifty Pounds (£350) Charles was able to borrow the money and mortgage security against the 6 cottages (this money was probably used to pay SARAH ANN LIDDELOW for her property as in G2)
The property belonged to the Society until all payments had been made over a period of 15 years
If he should default at any time the tenants shall be ejected and the cottages become the property of the Society. They will be sold privately or at auction in single or complete lots and any shortcomings of the sale shall be passed onto Charles.
Payments of £3 shall be made quarterly (£12 per year would only be £180 over the 15 years?)
The sale of any Cottage has to be agreed by the Society before commencement and all funds repaid before any profit is held.
All cottages must be insured (with receipts of payment shown as proof) A policy against fire to a minimum of £300.
In the event of the death of CHARLES HEATON STANIFORTH this mortgage would be lawful to his heir. They would be allowed to continue with payments or sell the cottages to clear the mortgage.