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ral Advertiser, in which it appeared four successive weeks, namely, on the 5th, 12th, 19th, and 26th November, 1805. Other estatos of the deceased, situated elsewhere, were also advertised and sold about the same time. The sale was announced to take place “By order of the trustees under the will of the late Dorning Rasbotham, Esq., at the house of Mrs. Tong, known by the sign of the Golden Lion,' at Moses Gate, in Farnworth, in the county of Lancaster, on Friday, the 29th day of November next, at three o'clock in the afternoon, subject to such conditions as will be then and there produced.” Nine lots were advertised to be sold on that occasion, comprising eight sets of premises situate in Farnworth (including Birch House, the testator's late residence), and Halshaw Moor, and one set of premises in Bolton. With the latter property alone have we anything to do. Its description was :“Lot 9. ALL. THOSE two several Cottages or Dwelling-Houses, situate in Bradshaw-gate, in Great Bolton, in the said County of Lancaster, together with the vacant land and appurtenances thereto belonging, now in the occupation of James Baron and James Heaton, as tenants thereof respectively from year to year, and containing in the whole by admeasurement (including the site of the buildings), two hundred and eighty-seven superficial square yards of land or thereabouts, be the same more or less." The advertisement ends with : “Plans of the estates are lodged at the office of Sharpe and Eccles, attornies, in Manchester, where further particulars may be had, and a person is appointed to attend at Birch House to shew the premises. The purchasers of the larger lots (1, 5, and 8) may be accommodated with a part of the purchase money on the security of the premises." It is apparent from the description of the premises as advertised, that some time before the sale the old “
messuage, burgage, or dwelling-house,” had become converted into “ two several cottages or dwelling-houses,” but it is evident from the description contained in the deed of 1816 and known facts that an outbuilding in the rere had been converted into a cottage, not that the " messuage” fronting Bradshawgate had been so partitioned and built on. It will be seen from the same deed of 1816 that the carrier's warehouse was erected partly on vacant land and partly upon “the scite of the said two cottages or dwelling-houses.” The front“ messuage (afterwards two shops) remained undisturbed by the carrier's modern erection raised westward of it and long ago partly demolished.
Reverting at this stage to the question of the street boundary of the north side of the premises, we think it right to mention that among Mr. Walmsley's documents we observed a carefully preserved plan headed “Premises in Bolton belonging to the late Dorning Rasbotham, Esq., 1805,” in which the street now called Folds’-street is distinctly marked “Lever-street”-doubtlessly so called after the Lever family, the original owners. According to that plan the
contents” of Mr. Dorning Rasbotham's Bradshawgate premises were 287 square yards,” bounded on the south by “Premises belonging to Francis Wrigley;" on the west by other premises of "Francis Wrigley;" on the east by“ Bradshawgate," and on the north by “ Lever-street, 8 yards wide.” Mr. Walmsley's plan is doubtless a correct copy of that exhibited to intending purchasers and others at the place of sale. The first mention of Folds'-street
in the title deeds occurs in the Release of 16th March, 1839, all previous references to street boundary and nomenclature having been made with respect to Bradshawgate only. Our earlier sketch—that of 1816—enables us, with singular perspicuity, to narrow the transitional period when“ Lever-street" was changed to “Folds’-street.” Throughout the deeds the latter name is spelled variously. If the reader carefully examine the original of the sketch of 1816, exhibited in the Exchange Museum, Town Hall Square, Bolton, he will find that on the Folds’street gable, on the side next Bradshawgate, the words “Folds'-street” are written in diminutive, but distinct, characters, and that between those two words and the corner, the word street” appears,
but with traces of some erased letters over it, such erasure being, to our mind, an unmistakeable indication of a change of street name. Robert Langton, of Manchester, having faithfully reproduced the written characters referred to, we submit them to our readers as corroborations of our several averments that the street was originally named Lever-street; that it derived its present mis-spelt name, between 1805 and 1816, from that local clerical celebrity, Parson Folds—not from any “fold” or close which thereabouts existed formerly—and that the posting of the name “Fold-street” on the opposite corner by the Bolton Corporation was another official error of judgment. Mr. “Thomas Smith, of Haulgh, farmer," had a representative present at the auction of the premises in Bradshawgate, who bid £350 for it, and he, being the highest bidder, was declared the purchaser at that sum, on Mr. Smith's behalf.
Accordingly by Indenture of Feoffment dated 1st May, 1806, Messrs. James Bayley and James Touchett, the surviving trustees and executors of the will of Dorning Rasbotham, deceased, in consideration of £350 paid to them, “bargained, sold, aliened, enfeoffed, and confirmed ” unto the said Thomas Smith, * his heirs and assigns,“ ALL THAT, the aforesaid Messuage, Burgage, or Dwellinghouse, with the land, hereditaments, and appurtenances to the same belonging, and some time ago converted into two cottages or Dwelling-houses, situate and being on the west side of, and to the front of, a certain street within Bolton-le-Moors aforesaid, called and commonly known by the name of Bradshawgate, TOGETHER with the vacant land and appurtenances thereunto belonging, and then in the tenure, holding, or occupation of James Baron, as tenant thereof, or of his sub-tenants, and containing in the whole by admeasurement, including the scite of the buildings, 287 superficial square yards of land, or thereabouts, be the same more or less,” &c. TO HOLD,” &c., " for ever,” &c. By a subsequent clause of the Deed Mr. Thomas Rushton, of Bolton-le-Moors, gentleman, was
* Thomas Smith, of the parish of Bolton, labourer and Mary Yates, of the parish of Middleton, spinster, were married in Bolton parish church by licence on the 29th of September, 1785, by Rev. E. Whitehead, vicar; witnesses William Yates and John Bell. Secondly, Thomas Smith, of the parish of Bolton, widower, and Alice Smith, of the parish of Middleton, spinster, were married in Bolton parish church by licence on the 27th of January, 1791, by Rev. Jeremiah Gilpin, vicar; witnesses Willîam Smith and Peter Smith.
Mary, his first wife, was buried in Bolton parish churchyard 8th August, 1787.
appointed as attorney to deliver seizen of the premises to Thomas Smith, the purchaser. The signature of James Bayley, which betokens age, exceeding feebleness, or extreme nervousness, is witnessed by “Frances Bayley” and “ William Eccles." The fluent signature of James Touchett is witnessed by the same William Eccles and “ James Moorhouse.” The receipt for the purchase money (£350) is signed and witnessed by the last two. A memorandum is endorsed signed by “Thomas Rushton,” to the effect that “on the date of this deed peaceable possession of the hereditaments within mentioned was taken by Thomas Rushton, the attorney within named, who, after such possession taken, the like possession unto the within named Thomas Smith did give and deliver, TO HOLD the same premises unto the said Thomas Smith, his heirs, and assigns, for ever, according to the true intent of the within written indenture, As WITNESS," &c.
Witnesses :-“ JOHN SMITH,
SAMUEL VICKERS." Soon after the date of the last mentioned deed of feoffment, a carrier's warehouse was erected, partly on the vacant land westwards of the present old building, and partly on the site of an outhouse belonging to the front messuage, by the feoffee Thomas Smith.
In 1816, Thomas Smith, the late purchaser,“ being seized in his demesne as of fee” of the “
messuage warehouse and hereditaments” in Bradshawgate, and having occasion for the sum of £600, agreed with John Heywood, of Little Bolton, cotton manufacturer, for the loan of that amount, upon the security of the whole of the premises. Accordingly by Indenture of Demise, by way of mortgage, dated 31st August, 1816, Thomas Smith,“ of Haulgh, farmer," and Alice, his wife, in consideration of £600 paid to Thomas Smith by John Heywood," granted, bargained, sold and demised" unto John Heywood, the premises comprised in the deed of 1806, words being added to the effect that same was then in the occupation of “Widow Pearson,” her assigns or undertenants. “ AND ALSO ALL THAT large carriers warehouse or building with the hereditaments and appurtenances thereunto belonging, now in the occupation of, and lately erected by, the said Thomas Smith, upon the said vacant land or some part thereof, and the scite of one of the said two cottages or dwelling-houses, TOGETHER with the vacant land thereunto belonging, which said land and hereditaments hereby demised, including the scite of the said dwelling-house and warehouse, contain in the whole by a late admeasurement 287 superficial square yards of land or ground, or thereabouts, be the same more or less, AND ALL houses, outhouses, edifices, buildings, ways,” &c.
“ To HOLD, &c., for 1000 years, YIELDING AND PAYING therefore yearly and every year during the said term, unto the said Thomas Smith, his heirs and assigns, the rent of one pepper corn on the 25th day of December in every year, if lawfully demanded," and subject to the proviso for redemption therein contained. The deed is signed by Thomas Smith and Alice* Smith, and witnessed by Robert Kay and James Bolling. A receipt for £600 is endorsed, signed by Thomas Smith, and attested by the same two witnesses. A bond for £1,200
* Second wife. See note on preceding page.
conditioned for payment of £600 and interest, collateral with that deed of mortgage, and of the same date, was executed by Thomas Smith, and attested by the same witnesses.
Thomas Smith, the mortgagor, died in May, 1817, aged 50, and was buried 25th of same month in Bolton parish churchyard. He left his son John Smith,* “ of Haulgh, carrier,” his heir-at-law, surviving him. Alice, his widow, died 4th February, 1825, aged 54.
The sum of £900 appears to have accumulated due to John Heywood, at the time of the death of Thomas, on foot of the mortgage security and Bond last described. John Smith, heir to the old premises and their incumbrances, being afterwards desirous of paying off that sum to John IIeywood, contracted with Ellis Fletcher, of Clifton, a township adjoining Pendlebury, for a loan of £1,250, to enable him to do so, and “to answer his other occasions.” Accordingly, by indenture dated 9th August, 1830, made between John Heywood of the first part, John Smith of the second part, and Ellis Fletcher of the third part, John Heywood, in consideration of £900, paid to him by Ellis Fletcher, by the direction of John Smith, and also in consideration of £350 paid by Ellis Fletcher to John Smith, “bargained, sold, and assigned,” and the said John Smith also “granted, bargained, sold, assigned, ratified, and confirmed unto the said Ellis Fletcher, his executors, administrators and assigns,” the premises comprised in the deed of 1806, words being added to show that they were then in the occupation of James Darbyshire. AND ALSO, &c. [the premises comprised in the mortgage of 1816.] “TO HAVE AND TO HOLD, &c. unto the said Ellis Fletcher, his executors, administrators, and assigns, for all the rest residue, and remainder then to come and unexpired of the said term of 1,000 years, created by the said thereinbefore recited indenture of mortgage of the 31st day of August, 1816, without impeachment of waste, subject to the proviso or agreement thereinafter contained for redemption of the said premises,” &c. The deed is signed by “ John Heywood” and “ John Smith,” and witnessed by “R. A. Boardman.” A receipt for £900 is signed by “John Heywood," and another for £350 is signed by "John Smith," both being witnessed by “R. A. Boardman.”
Ellis Fletcher, by his will, dated 11th January, 1834, amongst other things, gave, devised, and bequeathed unto his brother, James Fletcher, Joseph Jones of Oldham, cotton spinner, Barton Fletcher Allen of Preston, gentleman, his (the testator's) son John Fletcher Ramsden, and his (testator's) wife, Mary Fletcher (whom he appointed his trustees), all the estates vested in him on any trust, or by way of mortgage, and which he had power to dispose of by that his will, with their appurtenances, unto the said trustees of that his will, their heirs, executors, administrators, and assigns, according to the nature and quality thereof respectively. UPON TRUST, &c. (as in such cases usual). Ellis Fletcher died on the 26th of April, 1834. His will was proved at Chester by
* John, son of Thomas Smith and Mary his (first) wife (daughter of John and Elizabeth Yates), born 18th July, 1786, baptized at the Unitarian Chapel, Bank-street, Bolton, on the 13th of August, 1786, by the Rev. John Holland, pastor.
Mary Fletcher and James Fletcher only, on the 11th December of that year. The same will was also proved at Canterbury on the 3rd February, 1835.
By a deed poll, dated 11th November, 1834, Joseph Jones, one of the trustees, renounced and declined the executorship and trusteeship. John Fletcher Ramsden (testator's son, who in his father's lifetime adopted the name of Ramsden in addition to his own), died 5th April, 1836. Mary Fletcher (testator's widow) died 13th April, 1836.
By indenture dated 27th April, 1836, James Fletcher, the acting surviving trustee, appointed John Moore of Bolton-le-Moors, surgeon, Jacob Fletcher Ramsden of Clifton, gentleman, Thomas Mulliner of Bolton-le-Moors, accountant, and Joseph Ramsden of Clifton, gentleman, to be new and cotrustees of the will of Ellis Fletcher.
By indenture of lease and release and assignment, dated 27th and 28th April, 1836, the release and assignment being made between James Fletcher of the first part, James Fletcher, John Moore, Jacob Fletcher Ramsden, Thomas Mulliner, and Joseph Ramsden of the second part, and Matthew Dawes of Bolton-le-Moors, gentleman [attorney), of the third part, James Fletcher “granted, bargained, sold, and released,” &c., unto Matthew Dawes (in his actual possession then being, &c.), and to his heirs, “ All the freehold manors, messuages, lands, tithes, rents, hereditaments and premises” mentioned in the said will, or purchased since the death of the said Ellis Fletcher in pursuance of the trusts of his will, and then vested in the said James Fletcher as trustee. And all the estate, hereditaments, and premises, which were vested in the testator in trust or by way of mortgage, and all such as by virtue of his will, or by any subsequent conveyance, were then vested in James Fletcher by way of mortgage for securing any sum or sums of money belonging to the estate of the testator, and the reversion, &c. To hold the same unto Matthew Dawes and his heirs, TO THE USE of the said James Fletcher, John Moore, Jacob Fletcher Ramsden, Thomas Mulliner, and Joseph Ramsden, their heirs and assigns, for ever, UPON the several trusts therein mentioned. And James Fletcher did thereby also bargain, sell, assign, transfer, and set over unto Matthew Dawes, his executors and administrators, ALL AND SINGULAR the manors, messuages, lands, tithes, rents, hereditaments, and premises, whatsoever and wheresoever, then vested in James Fletcher as trustee and executor of the said will, for any term or terms of years, chattel interest and interests, as well those which were vested in Ellis Fletcher as those which had since been assigned to or otherwise become vested in James Fletcher as such trustee and executor, including those whereof Ellis Fletcher was trustee or mortgagee, and those to which James Fletcher was as such trustee of the said will then mortgagee, &c. TO HOLD, &c., unto M. Dawes, his executors, administrators and assigns, thenceforth for and during all the term and terms of years, interest or interests, for which the same were respectively held, then to come and unexpired thereof. UPON TRUST that Matthew Dawes should forthwith assign and make over all and singular the same premises, &c., unto James Fletcher, John Moore, Jacob Fletcher Ramsden, Thomas Mulliner, and Joseph Ramsden, their executors, administrators and assigns, UPON the several trusts therein mentioned.