Notes
The transcriptions have been made from scans of the originals. A combination of the original handwriting and the quality of the scans means that not all words are legible. Where a word is illegible it is replaced by ‘[?]’. Where a word has been transcribed but is doubtful, i.e. it is the transcriber’s best guess, the word is given in italics. There is little punctuation in the original document, and this is reflected in the transcription.
Gift and Conveyance of 1921 – Gift of Parkland
Cover
Dated 14th October 1921
Woodbank Memorial Park
Sir Thomas Rowbotham to Stockport Corporation
Gift and Conveyance
Text
This Indenture made the Fourteenth day of October One thousand nine hundred and twenty one Between Sir Thomas Rowbotham of Hillbrook Grange Bramhall in the County of Chester Knight of the one part and The Mayor Aldermen and Burgesses of the County Borough of Stockport (hereinafter call the Corporation) of the other part. Whereas the said Sir Thomas Rowbotham being seized for an estate of inheritance in fee simple in possession free from incumbrances of the lands and hereditaments hereinafter described and intended to be hereby conveyed has given and presented to the Corporation in Honoured Memory of the Men of Stockport who fought and died for their Country in the Great War 1914-1919 the said lands and hereditaments for the purpose of being laid out as a public park or pleasure ground as hereinafter mentioned to be known as “Woodbank Memorial Park”. Now this indenture witnesseth that for the purpose of effectuating the said Gift and of vesting the said lands and hereditaments in the Corporation the said Sir Thomas Rowbotham doth hereby grant and convey unto the Corporation All those pieces or parcels or land with the buildings thereon situate at Woodbank in the said County Borough of Stockport which premises with the respective boundaries thereof are delineated on the plan annexed hereto and therein coloured red And so far as the said Sir Thomas Rowbotham is entitled thereto as the owner of the premises hereinbefore conveyed Together with half the bed or soil of the river Goyt where the same adjoins the said premises and all rights incident to the ownership of such half of the bed of the said river Together with all the buildings erections pastures hedges ditches fences ways passages waters drains watercourses woods underwoods commons mine minerals rights easements and appurtenances whatever (except as hereinafter excepted or reserved) to the said hereditaments and premises of any of them or any part thereof belonging in with the same now or heretofore held used occupied or engaged or reputed or known as part or parcel thereof or appurtenant thereto And all the [?] interest right tithe claim and demand of the said Sir Thomas Rowbotham in to or upon the said premises or any part thereof Save and except out of the assurance hereby made the reservoirs and the appurtenances formerly belonging to Stockport Waterworks Company and particularly mentioned in an Indenture of Conveyance dated the second day of May one thousand eight hundred and fifty four and made between John Chapman of the first part John Johnstone Charles Howard and Henry Coppock of the second part William Coare Brocklehurst Thomas Brocklehurst Thomas Fielden and Samuel Fielden of the third part Henry Marsland of the fourth part Peter Edward Marsland of the fifth part and The Stockport Waterworks Company of the sixth part And except also all and all manner of mine or mines of lead coal or cannel and all other mine or mines and quarries of what nature or kind soever as the same were excepted and reserved by an Indenture of Feoffment dated the thirtieth day of April one thousand six hundred and eighty one and made between Dame Isabella Lucy and Davenport Lucy of the first part Samuel Eyre Reginald Bretland and Peter Broughton of the second part and John Sidebottom of the third part together with full ingress egress and regress to and for the said Samuel Ere Reginald Bretland and Peter Broughton their heirs and assigns to search dig and delve for the same and the same so found to take and carry away at their wills and pleasure rendering reasonable damages to the occupiers of the said premises for the fines being for the hurt thereby done and sustained And except and reserving to the said Sir Thomas Rowbotham his heirs and assigns and other persons authorised by him or them for all purposes connected with the use and occupation of the mansion House known as “Woodbank” and the farm known as “Woodbank Farm” but not further or otherwise doing thereby no unnecessary damage and making compensation to the Corporation for all damage thereby done or occasioned with or without horses carts carriage or wagons or any other vehicles propelled or drawn otherwise than by horse power or by human power laden or unladen to go pass and repass and to drive cattle sheep and other animals along over and upon the private roads or ways the course and direction whereof are delimited by dotted lines on the said plan annexed hereto and therein marked “right of way” leading respectively from Turncroft Lane to the said mansion house and from Park Lane to the said mansion house and from the said farm to the lands occupied with the said Farm as regards the said private road or way leading from Turncroft Lane during such times only as the public park or pleasure grounds shall be open to the public and as regards the said private roads or ways leading from Park Lane and from the said farm at all reasonable times by day and by night subject to the right of the Corporation to maintain a gate at the southerly end or extremity of each of the said roads or ways from Park Lane and from the said farm respectively through which when locked access may be obtained by means of keys provided in the care of the road or way leading from Park Lane by the person or persons using such road or way who shall immediately after having used and passed through the said gates shut and lock the same and in the case of the said road leading from the said farm by the Corporation the gate or gates on the last mentioned road or way to be kept shut and locked during such times as the said public park or pleasure grounds shall be closed to the public. To hold all the said lands and hereditaments hereby conveyed or intended so to do into the Corporation and their assigns for ever subject to the rights and easements reserved and wanted by the said Indenture of the second day of May one thousand eight hundred and fifty three and confirmed by the Indenture of the twenty fourth day of January one thousand eight hundred and ninety six mentioned in the Schedule hereto and subject also to the conditions and stipulations hereinafter contained And the Corporation hereby covenant with the said Sir Thomas Rowbotham as follows:
1. That the said lands and hereditaments shall be laid out and used as a public park or pleasure ground to be known as “Woodbank Memorial Park” subject to Byelaws to be made by the Corporation from time to time with respect to the said public park or pleasure gardens which Byelaws shall inter alia prohibit the playing of games on Sundays and to the present or future statutory powers of the Corporation with respect to public parks or pleasure gardens and for no other purpose whatsoever except that the Corporation may in their discretion from time to time and for temporary periods and subject to such conditions as they may from time to time prescribe grant the exclusive use either gratuitously or for payment of portion of the said lands and hereditaments and of any buildings thereon to any societies institutions or bodies established for the promotion or organisation of juvenile exercise or recreation
2. The Corporation shall at all times keep the existing fences between the said lands and hereditaments hereinbefore conveyed and the other lands and hereditaments of the said Sir Thomas Rowbotham [?] [?] the lands coloured green on the said plan in a proper state of repair
And the said Sir Thomas Rowbotham hereby covenants with the Corporation that notwithstanding anything by him their [?] [?] Thomas Rowbotham done omitted or knowingly suffered [?] [?] said Sir Thomas Rowbotham now [?] power to convey [?] premises hereby conveyed And that the same premises [?] [?] [?] [?] shall remain and be to the use of the [?] [?] [?] [?] and be quietly entered upon and held [?] [?] [?] [?] interruption or disturbance [?] [?] [?] [?] [?] or any person claiming [?] [?] [?] [?]him [?] that free and discharged from or otherwise by the said Sir Thomas Rowbotham his heirs executors or administrators sufficiently indemnified against all estates incumbrances claims and demands created or made by him or any persons claiming through or in trust for him And further that the said Sir Thomas Rowbotham and any person having or claiming any estate or right or interest in the premises or any part thereof through or in trust for him will at all times at the cost of the person or persons requiring the same executed and do every such assurance and thing for the further or more effectually assuring the premises or any part thereof to the use of the Corporation and their assigns as by them shall reasonably be required And the said Sir Thomas Rowbotham hereby acknowledges the right of the Corporation to the production of the documents mentioned in the Schedule hereto and to delivery of the copies thereof and hereby undertakes with the Corporation for the safe custody of the same documents.
The witness whereof the said Sir Thomas Rowbotham has herewith set his hand and seal and the Corporation have caused their Common Seal to be herein to affixed the day and year first before written
The Schedule referred to
21st May 1879 Indenture of this date made between Matthew Dickie of the one part and Maria Marsland of the other part
29th July 1890 Indenture of this date made between Robert Dukinfield Darbishire and David Ainsworth of the first part Henry Turner and Alice Woodcock his wife of the second part the said Henry Turner of the third part and Herbert Marsland of the fourth part
19th May 1891 Indenture of this date made between William Walmsley of the one part and the said Herbert Marsland of the other part
13th August 1893 Indenture of this date made between the said William Walmsley of the one part and the said Herbert Marsland of the other part
24th January 1896 Indenture of this date made between the Stockport District Waterworks Company of the one part and the said Herbert Marsland of the other part
6th July 1920 Indenture of this date between Allatt Henry Hollins of the first part John Goode Johnson the younger and Charles Robert Brady of the second part and the said Sir Thomas Rowbotham (then Thomas Rowbotham) of the third part
Signed sealed and delivered by the said Sir Thomas Rowbotham in the presence of
[unreadable]A Kershaw
Sunny Bank
Heathfield Rd
Stockport
The Common Seal of the Mayor Aldermen and Burgesses of the County Borough of Stockport was hereunto duly affixed in the presence of
Charles Royle Mayor
[unreadable] Town Clerk
[In another hand]
Enrolled in the books of the Charity Commissioners for England and Wales pursuant to the provisions of Section 6 (2) of the Mortmain and Charitable Uses Act 1888 and Section 1 of the Mortmain and Charitable Uses Act Amendment Act 1892 by order of the Board dated Seventeenth day of March 1922 (Vol: 10/s 341)
[unreadable] Secretary
[another hand]
Memorandum that by a Declaration date the 26th October 1950 by the within named the Mayor Aldermen and Burgesses of the County Borough of Stockport part of the within mentioned land (being a small portion of the woodbanks no 583 in the within [?] plan subjoining field no 280 and the north east corner of field no 579 on the same plan) (together with other land) was declared to be preserved and perpetuating memorial to his late majesty King George V will henceforth be known as ‘King George’s Field’
Memorandum that by a deed of conveyance and exchange dated 16 November 1934 and made between Clifford Ogle of the one part and the within named Mayor Aldermen and Burgesses of the County Borough of Stockport of the other part (inter alia) a part of land containing approximately 0.25 acres or thereabouts and being part of the land withing the described was conveyed unto the said Clifford Ogle in fee simple and the right of the said Clifford Ogle to production and delivery of copies of the within written Deed of Gift was acknowledged
Memorandum that by a Deed dated the 14 February 1963 under the [?] of the within named Mayor Aldermen and Burgesses of the County Borough of Stockport A plot of land containing 1.5 acres or thereabouts [?] near to Turncroft Lane Stockport (using portions of the [?] nos. 599 and 611 on the plan annexed to the within written deed) was [?] in the said Mayor Aldermen and Burgesses in fee simple no Lease [?] Authority for the said County Borough of Stockport and the said Deed contained an acknowledgement of the rights of the said Mayor Aldermen and Burgesses to production and delivery of copies of the within written conveyance.
Maps Referred To
Map Pertinent to Memorandum
1924 Gift and Conveyance – the gift of the Hall and its gardens
Cover
Dated 15 September 1924
Woodbank Memorial Park
Sir Thomas Rowbotham to Stockport Corporation
Gift and Conveyance of the Mansion House known as ‘Woodbank’
Text
This Indenture made the Fifteenth day of September one thousand nine hundred and twenty four Between Sir Thomas Rowbotham of Hillbrook Grange Bramhall in the County of Chester Knight of the one part and The Mayor Aldermen and Burgesses of the County Borough of Stockport acting by the Council (hereinafter called ‘the Corporation’) of the other part Whereas the said Sir Thomas Rowbotham by an Indenture dated the fourteenth day of October one thousand nine hundred and twenty one after reciting that the said Sir Thomas Rowbotham had given and presented to the Corporation in Honoured Memory of the Men of Stockport who fought and died for their Country in the Great War 1914-1919 the lands and hereditaments thereinafter described and intended to be the entity conveyed for the purpose of being laid out and used as a public park or pleasure ground as thereinafter mentioned to be known as Woodbank Memorial Park granted and conveyed unto the Corporation All those pieces or parcels of land with the buildings thereon situate at Woodbank in the said County Borough of Stockport which premises with respective boundaries thereof were delimited on plan annexed thereto and therein coloured red Except and reserving to the said Sir Thomas Rowbotham his heirs and assigns inter alia the full right and liberty for the said Sir Thomas Rowbotham his heirs and assign and other person authorised by him or them for all purposes connected with the use or occupation of the Mansion House known as “Woodbank” with or without horses carts carriages or wagons or any other vehicles propelled or drawn otherwise than by horse power or by human power laden or unladen to go pass and repass and to drive cattle sheep and other animals along over and upon the private road or ways the course and direction whereof were delineated by dotted lines on the plan annexed to the now reciting Indenture and therein marked “right of way” leading respectively from Turncroft Lane to the said Mansion House and from Park Lane to the said Mansion House To hold the said lands and hereditaments thereby conveyed or intended so to be unto the Corporation and their assigns for ever subject as therein mentioned and to the conditions stipulations and covenants therein contained And Whereas the said Sir Thomas Rowbotham hath further given and presented to the Corporation for the purpose of being laid out and used as part of the said Woodbank Memorial Park the Mansion House lands and hereditaments hereinafter described and intended to be hereby conveyed Now this Indenture witnesseth that for the purpose of effectuating the said Gift and of vesting the said Mansion House lands and hereditaments in the Corporation the said Sir Thomas Rowbotham doth hereby grant and convey unto the Corporation ALL that plot or parcel of land with the Mansion House known as “Woodbank” and other buildings therein situate at Woodbank in the said County Borough of Stockport which premises and will the respective boundaries thereof are delineated on the plan annexed hereto and therein coloured green Save and except all manner of mine or mines of lead coal or cannel and all other mine or mines and quarries of what nature or kind soever as the same were excepted and reserved by an Indenture of Feoffment dated the thirtieth day of April one thousand and six hundred and eighty one and made between Dame Isabella Lucy and Davenport Lucy of the first part Samuel Eyre Reginald Bretland and Peter Broughton of the second part and John Sidebottom of the third part together with full ingress egress and regress to and for the Samuel Eyre Reginald Bretland and Peter Broughton their heirs and assigns to search dig and delve for the same and the same so found to take and carry away at their will and pleasure rendering reasonable damages to the occupiers of the said premises for the time being for their damage and hurt thereby done and sustained TO hold all the said lands and hereditaments thereby conveyed and intended so to be unto the Corporation and their assigns for ever subject nonetheless to the conditions and stipulations hereinafter contained And the Corporation hereby covenant with the said Sir Thomas Rowbotham as follows:-
1. That the said lands and hereditaments shall be laid out and used as part of the public park or pleasure ground known as “Woodbank Memorial Park” subject to Bye-Laws to be made by the Corporation from time to time with respect to the said public park or pleasure ground which Bye Laws shall inter alia prohibit the playing of games on Sundays and to the present or future statutory powers of the Corporation with respect to public parks or pleasure grounds and for no other purpose whatsoever except that the Corporation may in their discretion from time to time and for temporary periods and subject to such conditions as there may from time to time prescribe grant the exclusive use either gratuitously or for payments of portions of the said lands and hereditaments and of any buildings thereon to any societies institutions or bodies established for the promotion or organisation of juvenile exercise or recreation
2. The Corporation shall at all times keep the fences between the said land and hereditaments hereinbefore conveyed and the other land and hereditaments of the said Sir Thomas Rowbotham in a proper state of repair
The said Sir Thomas Rowbotham hereby covenants with the Corporation that notwithstanding anything by him the said Sir Thomas Rowbotham done omitted or knowingly suffered in the said Sir Thomas Rowbotham now has power to convey the premises hereby conveyed and that the same premises and every part thereof shall remain and be to the use of the Corporation and their assigns and be quietly entered upon and held and enjoyed without any interruption or disturbance by him the said Sir Thomas Rowbotham or any person claiming through or interest for him And that freed and discharged from or otherwise by him the said Sir Thomas Rowbotham his heirs executors or administrators sufficiently indemnified against all estates incumbrances and demands created or made by him or any person claiming through or in trust for him And further that he the said Sir Thomas Rowbotham and any person having or claiming any estate right or interest in the premises or any part thereof through or in trust for him will at all time at the cost of the person or persons requiring the same execute and do every such assurance and thing for the farther or more effectually assuring the premises or any part thereof to the use of the Corporation and their assigns as by them shall reasonably be required In Witness whereby the said Sir Thomas Rowbotham has hereunto set his hand and seal and the Corporation have caused their Common Seal to be hereunto affixed that day and year first before written
Signed sealed and delivered by the said Sir Thomas Rowbotham in the presence of Daniel Pennington, Solicitor, Hyde. William Shaw, Secretary, 214 Wellington Road Nth, Heaton Norris
The Common Seal of the Mayor Aldermen and Burgesses of the County Borough of Stockport was hereunto duly affixed in the presence of Henry Patten, Mayor. Robert Hyde, Town Clerk
Plan of Hall and Memorial Park
1934 Deed of Conveyance and Exchange – Additional land is added by purchase and exchange, ¼ of an acre of original donation included
Cover
Dated 16th November 1934
Mr Clifford Ogle to The Stockport Corporation
Deed of Conveyance and Exchange of plots of land situate at Woodbank Stockport in the County of Chester
Text
This Deed of Conveyance and Exchange is made the sixteenth day of November, one thousand nine hundred and thirty four. Between Clifford Ogle of Porlock Woodford Road Poynton in the County of Chester. Builder (hereinafter called “the Vendor”) of the one part and The Mayor, Aldermen and Burgesses of the Borough of Stockport, acting by the Council (hereinafter called the “the Corporation”) of the other part. Whereas
(1) The vendor is seised of the property firstly and secondly hereinafter described and intended to be hereby conveyed for an estate in fee simple absolute in possession subject as hereinafter mentioned but otherwise free from incumbrances and has agreed to sell the same to the Corporation for the sum of Three thousand five hundred and thirty seven pounds.
(2) The vendor is seised in fee simple absolute in possession subject as hereinafter mentioned otherwise free from incumbrances of the plot of land edged blue on the plan hereinto annexed
(3) The Corporation are seised of the plot of land edged brown on the said plan for an estate in fee simple absolute in possession subject as hereinafter mentioned but otherwise free from incumbrances
(4) The Vendor and the Corporation have mutually agreed to exchange the said plots of land edged blue and brown on the said plan as hereinafter appearing Show this Deed witnesseth as follows:-
Map of King George’s Fields
(1) The pursuance of the agreement first hereinbefore specified and in consideration of the sum of Three thousand five hundred and thirty seven pounds now paid by the Corporation to the Vendor (the receipt whereof the Vendor hereby acknowledges) the Vendor as Beneficial Owner hereby conveys unto the Corporation First All that plot or parcel of land, situate at Stockport in the said County of Chester, containing in the whole 39:947 acres or thereabouts and which for the purpose of identification only is delineated in the said plan therein edged green And secondly All that plot or parcel of land situate at Stockport foresaid containing the whole fourteen acres or thereabouts and which for the purpose of identification only is delineated in the said plan and therein edged in red. And also so far as the Vendor is entitled thereto Together with half the bed or soil of the River Goyt where the same adjoins the said property and all rights incident to the ownership of such half of the bed of the said river. Together with (in common with the Vendor and all other persons entitled thereto) the full benefit of the covenants so far as can lawfully convey the same and so far as the same relate to or affect and are for the benefit of the property hereby conveyed contained in the Indentures more particularly specified in the Schedule to a Conveyance dated the sixth day of July one thousand nine hundred and twenty and made between Allatt Henry Hollins of the first part and John Goode Johnson the younger and Charles Robert Brady of the second part and Thomas Rowbotham of the third part To hold the same unto the Corporation in fee simple Subject to the yearly rent charges covenants and conditions referred to in the before mentioned Conveyance of the sixth day of July one thousand nine hundred and twenty so far only as the same are still subsisting and relate to and aught henceforth to be paid observed and performed in respect of the property hereby conveyed but with the benefit (so far as the Vendor can convey the same) of the power and covenants in the last mentioned Conveyance contained or otherwise subsisting by way of indemnity in respect of the said yearly rent charges covenants and conditions
(2) The pursuance of and for effectuating the agreement for exchange hereinbefore recited and in consideration of the Conveyance hereinafter made by the Corporation to the Vendor as Beneficial Owner hereby conveys unto the Corporation All that plot or parcel of land situate at Stockport aforesaid delineated in the said plan hereunto annexed and therein edged blue To hold the same unto the Corporation in fee simple
(3) The further pursuance of and for effectuating the said agreement for exchange and in consideration of the Conveyance hereinbefore lastly made the Corporation as Beneficial Owner hereby conveys unto the Vendor All that parcel of land situate in Stockport aforesaid delineated in the said plan hereunto annexed and therein edged brown To hold the same unto the Vendor in fee simple Subject to the rights easements conditions and stipulations contained or referred to in a Deed of Gift and Conveyance dated the fourteenth day of October one thousand nine hundred and twenty one and made between Sir Thomas Rowbotham of the one part and the Corporation of the other part so far as the same are still subsisting and capable of taking effect and relate to the plot of land edged brown on the said plan
(4) For the consideration aforesaid the Vendor as Beneficial Owner hereby releases the property belonging to the Corporation known as Woodbank Farm from all rights of way (if any) claimed or enjoyed by the Vendor or his tenants as appendant to the land belonging to the Vendor adjoining or near to the plot of land edged red in the said plan in over or upon Woodbank Park aforesaid to the intent that such right of way may from henceforth cease and determine.
[5] The Corporation hereby covenants with the Vendor
(a) That the Corporation will at all time hereafter observe and perform the covenants and conditions to which the property hereinbefore conveyed to them is subject so far as aforesaid and will keep indemnified the Vendor and his estate and effects from and against all actions proceedings costs claims and demands in subject thereof
(b) That the Corporation will within six calendar months from the first day of November one thousand nine hundred and thirty four fence off in a proper manner to the satisfaction of the Vendor or his Surveyor the land secondly hereinbefore described and edged red on the said plan hereunto annexed from the adjoining lands of the Vendor with a boundary fence of iron hurdles or other suitable boundary fence not exceeding five feet in height and of sufficient strength to prevent children cattle horses and sheep from straying on the land of the Vendor, and will place such fence on the boundary of the said land and at all times hereafter will keep the same in good substantial repair and condition
[6] The Vendor hereby acknowledges the right of the Corporation to the production and delivery of copies of the documents specified in the Schedule hereto and hereby and undertakes safe custody thereof
[7] The Corporation hereby acknowledges the right of the Vendor to the production and the delivery of copies of the said Deed of Gift and Conveyance of the fourteenth day of October one thousand nine hundred and twenty one and herby undertakes for the safe custody thereof
The witness whereof the Vendor has hereunto set his hand and seal and the Corporation have caused their Common Seal to the hereunto affixed the day and year first before written
The Schedule herein before referred to:
29th September 1932 Conveyance of the date made between the said Sir Thomas Rowbotham of the one part and Clement Richard Wallworth of the other part
24th March 1934 Conveyance of this date made between the said Clement Richard Wallworth of the one part and the Vendor of the other part
3rd May 1934 Legal Charge of this date made between the Vendor of one Part and the Cheshire [?] Building Society of the other part
14 August 1934 Vacating Receipt endorsed on the last mentioned Legal Charge
Signed sealed and delivered by the said Clifford Ogle in the presence
George [?] [?] [?] C Ogle
[?]
Macclesfield
The Common Seal of the Mayor Alderman and Burgesses of the Borough of Stockport was hereunto affixed in the presence of
John [?] Mayor
Frank Knowles Town Clerk
[In another hand]
Memorandum that by a declaration dated the 26th October 1950 by the within named the Mayor Aldermen and Burgesses of the County Borough of Stockport the within mentioned land (together with other land) was declared to be preserved in perpetuity as a memorial to his late majesty King George V and henceforth known as ‘King George’s Field’