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An agreement between
Samuel Goldstraw
and the Mayor, Aldermen and Burgesses of the Borough of Hanley
An Agreement made this Sixteenth day
of May One thousand eight hundred and seventy one Between Samuel Goldstraw of
Cheddleton in the County of Stafford Paper Manufacturer of the one part
and The Mayor Aldermen and Burgesses of the Borough of Hanley
in the said County of Stafford of the other part.
1 Whereas the said Samuel
Goldstraw claims to be received in fee simple in possession of the
dwellinghouses and premises described in the schedule hereto and
deliniated on the plan annexed hereto and thereon coloured red and the
said Mayor Aldermen and Burgesses by the Council of the said Borough
being the Local Board in and for the District of the said Borough
(having under or by virtue of "The Public Health Act 1848" "The Local
Government Act 1858" " The Sanitary Act 1866" "The Lands Clauses
Consolidation Act 1845" and "The Local Government Supplemental Act
1869" or one of them power to do) have determined to take and purchase
for the purposes of the works authorised by the last mentioned Act the
said dwellinghouses and premises and have given the said Samuel
Goldstraw notice of their intention so to take and purchase the same. And whereas
the amount of purchase money to be paid
by the said
Mayor Aldermen and Burgesses for the said dwellinghouses and premises
and of the compensation for damages which may have been of may be
sustained by the said Samuel Goldstraw or which he may be entitled to
claim by reason of the execution of the aforesaid works is a matter in
dispute between the parties hereto Now
these presents witness and it is hereby agreed
2 That it shall be referred
to the final arbitration and decision of Mr Robert Chapman of Newcastle
under Lyme in the said County of Stafford Surveyor First to assess and fix the sum to
be paid by the said Mayor Aldermen and Burgesses to the said Samuel
Goldstraw as the price of the fee simple and inheritance free from all
incumberances of the said dwellinghouses and premises coloured red in
the said plan Secondly to
assess and fix the sum to be paid by the said Mayor Aldermen and
Burgesses to the said Samuel Goldstraw as compensation for all damage
permanent or temporary which may have been or may be sustained by him
or which he may be entitled to claim by reason of the aforsaid works
3 The decision in writing of
the said Robert Chapman on the said two points shall be absolutely
binding on and shall be submitted to by the parties hereto and shall
not be disputed or challenged by either of them
4 Neither of the parties
hereto shall be at liberty to appear before the said Arbitration by
Counsel but only by solicitors The intention of the parties hereto
being that the Arbitrator shall after a personal inspection of the said
dwellinghouses and premises with the assistance if necessary of such
documentary and other evidence as may be submitted to him or as he may
require come to such decision as to him may on those materials seem just
5 Nothing herein contained
shall restrict or alter the power which the said Robert Chapman would
have possessed had he been appointed Umpire under the said Lands
Clauses Consolidation Act in case of purchase of lands otherwise than
by agreement but he shall be deemed to have and be subject to all
powers and restrictions as in case he had been appointed sole Umpire
under such Act and the other Acts above referred to and the cost of
this Arbitration shall be borne and settled as prescribed by Section 34
of the said Lands Clauses Consolidation Act As Witness the hands of the said
parties
The Schedule before referred to
Parish
or place and
County in which the land
and hereditaments
required or situate
|
Number
on map or plan
and in book of reference deposited
|
Description
of the
lands and hereditaments required
|
Stafford
Street in
the Borough of
Hanley in the County of Stafford
|
12
|
Cottage
House and
outbuildings now or late occupied by William Marsh
|
Ditto
|
13
|
Cottage
House and
outbuildings now or late occupied by William Johnson
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