Robert White was granted licence to enter his lordships and hereditaments in 1481.Calendar of Patent Rolls, Edward IV, 1476–1485, p. 237.
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BlackstoneCommentaries on the Laws of England, by Sir William Blackstone, (first published in 4 volumes over 1765-1769), London. (See section V. Offices, of Chapter 3 - Incorporeal Hereditaments, of Book 2) observes that there are offices, consisting of a right to exercise a public or private employment, along with the fees and emoluments thereunto belonging, that are also incorporeal hereditaments, i.e., heritable. Examples include certain royal offices, such as the Lord High Steward of Ireland.
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Calendar of Patent Rolls Edward VI vol. V, p. 406. Wroth received 'an astonishing prodigality of grants of land, lordships, reversions, hereditaments'.Dixon, History of the Church of England, III, pp. 250-52.
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Moreover, in the case of fixtures, chattels which are affixed to or placed on land may become part of the land. Real property is generally sub-classified into: # corporeal hereditaments – tangible real property (land) # incorporeal hereditaments – intangible real property such as an easement of way Although a tenancy involves rights to real property, a leasehold estate is typically considered personal property, being derived from contract law. In the civil law system, the distinction is between movable and immovable property, with movable property roughly corresponding to personal property, while immovable property corresponding to real estate or real property, and the associated rights, and obligations thereon.
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The feudal system was finally completely abolished in the Republic of Ireland under the Land and Conveyancing Law Reform Act (No. 27 of 2009) passed by the Oireachtas on 21 July 2009. The Act accordingly abolished feudal tenure, but preserved estates in land, including customary rights and incorporeal hereditaments.
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Inquisition post mortem of Joan Brent, Calendar of Inquisitiones post mortem: Henry VII, I, 336. as his heir, and Joan Gainsford entrusted title to his many hereditaments to Nicholas Gainsford and William Covert the elder.The National Archives Discovery Catalogue, Piece description E 326/33. Having remarried, she died in 1492 and was buried at Carshalton.
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The holder may have an estate in them, unto him and his heirs. Other offices may be for life or for a term of years. In his work, Lynch devotes a chapter to such incorporeal hereditaments as "Honorary Hereditary Officers". He describes the dignity of Lord Constable conferred on Hugh de Lacy by original grant in 1185 of Meath.
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Based on his original research into various subjects, several of his articles on historical matters have been published in scholarly journals in Ireland, such as The Irish Sword – Journal of the Military History Society of Ireland, and the Journal of the Kerry Archaeological and Historical Society, and on the academic networking site Academia.edu. His analysis of the historical evolution of the law affecting incorporeal hereditaments as elements of intangible cultural heritage (see ) has also been acknowledged by the Irish Law Reform Commission during its consideration of the repeal of 150 statutes going back to 1285 (see ). Since 2006, the consequent Bill on Land Reform & Conveyancing has progressed in the Oireachtas, and been adopted into law, as the Land and Conveyancing Law Reform Act, Number 27 of 2009. He retains incorporeal hereditaments from his late father.
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Private jurisdiction is the right of an individual or a legal entity to establish courts of law. It was prevalent during feudalism. A franchise, such as a corporation, a jurisdiction, or a right to collect certain tolls or taxes, was, in effect, a kind of property: an "incorporeal hereditament". Under English law incorporeal hereditaments (including jurisdictions) were either granted or recognized in charters.
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John Sydenham (died 1580), son, who married twice, firstly to Elizabeth Pollard, daughter of Sir Hugh Pollard of King's Nympton in Devon, and secondly to Mary Ayshford, daughter of Nicholas Ayshford of Ayshford in the parish of Burlescombe in Devon. In 1566 William Babington sold the manor of Dulverton, "with its appertenances, and divers lands, tenements, and hereditaments, in Dulverton and other places", to John Sydenham.
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Though the word "grant" was originally made use of, in treating of conveyances of interests in lands, to denote a transfer by deed of that which could not be passed by livery, and was applied only to incorporeal hereditaments, it became a generic term, applicable to the transfer of all classes of real property.Black's Law Dictionary (1910), p. 547, citing 3 Washb. Real Prop. 181.
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Scottish Barons rank below Lords of Parliament, and although considered noble, their titles are incorporeal hereditaments. At one time feudal barons did sit in parliament. However, they are considered minor barons and not peers because their titles can be hereditary, or bought and sold. In the following table of the Peerage of Scotland as it currently stands, each peer's highest ranking title in the other peerages (if any) are also listed.
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Retrieved 20 September 2012. Sir Thomas was the illegitimate child of Sir John Norton of Northwood through whom the family descended. Between 1536 and 1541, Sir Thomas Norton Greene was granted royal favours by Henry VIII. During the dissolution of the monasteries the rectory at Bobbing Manor along with "all manors, messuages, glebe, tithes and hereditaments in the parishes and fields of Bobbing, Iwade, Halstow, and Newington" were granted to him by the King.
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The feudal title was granted to Richard Purcell in 1328 by James Butler, 1st Earl of Ormond as palatine Lord of Tipperary. Irish and Scottish feudal titles, particularly those granted by palatine lords, are difficult to classify in law, they are acknowledged as genuine hereditaments by the arms granting bodies of Ireland, Scotland, and England, but were never formally recognized by the Crown. The seat of the Baron of Loughmoe is Loughmoe Castle at Loughmore Village, Templemore, Co. Tipperary.
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Dáil 10 Nov 2015 p.89 O'Reilly and Bailey have dual citizenship of Ireland and the UK. The awards made to Bailey were subsequently rescinded but his website continues to imply that certain of his awards and decorations have been approved by the Irish Government. Inheritors of foreign titles would not need the approval of the Government as they are incorporeal hereditaments. but neither are these officially recognised in Ireland although they may be used socially out of courtesy.
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Three Brindleyplace, an office block in Birmingham. Although a single building, it has multiple occupiers. It therefore contains multiple hereditaments, each with a separate entry in the 2005 rating list. In the leading case of Gilbert (Valuation Officer) v Hickinbottom & Sons Ltd [1956],Gilbert (VO) v Hickinbottom & Sons Ltd [1956] R & IT 1956 Volume 49 P251 Lord Denning said: The principle Denning stated shows that if a business occupies a single property, that is the hereditament.
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As a republic, the Constitution of Ireland prohibits the conferring of "titles of nobility" by the state. While some titles had obtained "courtesy recognition" by the Chief Herald of Ireland, this practice was discontinued by 2003 when the Attorney General noted that such recognitions were unconstitutional and without basis in law. As "incorporeal hereditaments", any lands which may have historically related to such a title and long since disassociated from these (now) honorific titles - and such titles no longer attach to any territories.
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Another is the various "incorporeal hereditaments", such as profits-à-prendre, where an individual may have the right to take crops from land that is part of another's estate. English law retains a number of forms of property which are largely unknown in other common law jurisdictions such as the advowson, chancel repair liability and lordships of the manor. These are all classified as real property, as they would have been protected by real actions in the early common law.
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The Radical authors of the original municipal reform bill had intended to entirely abolish the office of freeman. However, following a bitter parliamentary campaign where opposition came from both Whigs and Tories, those who held the rank of freeman on 5 June 1835, and their heirs and successors, continued to enjoy "the same Share and Benefit of the Lands, Tenements, and Hereditaments, and of the Rents and Profits thereof, and of the Common Lands and Public Stock" of the borough.Municipal Corporations Act 1835 c.76 ss.
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Farrer and Brownbill (1911), Townships: Blackley, footnote 46. However, the Byrons moved away and began to sell off their property. On 16 May 1611 a group of interested parties, headed by Sir John Byron of Newstead Abbey, sold the chapel and its environs to three trustees, John Cudworth, James Chetham and Edmund Howarth, to provide a place of worship for local people.Farrer and Brownbill (1911), Townships: Blackley, Church. The deed provided that the purchasers and their heirs :shall and will at all times for ever hereafter permit and suffer all and every the inhabitants, tenants or farmers of any messuage, lands, tenements, or other hereditaments in Blakeley aforesaid, their heirs and assigns, and every of them which have agreed, purchas'd, or hereafter shall agree and purchase any messuages, lands, tenements or other hereditaments in Blakeley aforesaid to have and enjoy the said chappel, chappel yard, chamber, and garden, and all other premises with the appurtenances, as well for the saying and hearing Divine Service as for any other necessary and convenient purposes at the wills and pleasures of such inhabitants, tenants or farmers, their heirs and assigns as aforesaid...Booker, p. 50-1.
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68 Certain freehold and copyhold hereditaments and leasehold tenements of Henry Belward Ray were left in his will to infants with whom he – (the testator) – had no blood relation. To ensure that Ray's land would not escheat to the Crown, in March 1860, his trustees presented a petition to the Lord High Chancellor of Great Britain to create an Act of Parliament which would legally allow Arthur Lupton, Esq. of Potternewton Lodge undivided moiety, i.e. the rights of a mesne lord of the manor of Potternewton, and not the exclusive ownership of a lord paramount.
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Every seignory now existing must have been created before the statute Quia Emptores (1290), which forbade the future creation of estates in fee-simple by subinfeudation. The only seignories of any importance at present are the lordships of manors. They are regarded as incorporeal hereditaments, and are either appendant or in gross. A seignory appendant passes with the grant of the manor; a seignory in gross—that is, a seignory which has been severed from the demesne lands of the manor to which it was originally appendant—must be specially conveyed by deed of grant.
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Part I. Page 234, read with pages viii and x. The Duchy of Lancaster Act 1812 was repealed, excepting so far as any powers, provisions, matters or things related to or affected the Duchy of Lancaster or any of the hereditaments, possessions or property within the ordering and survey of the Duchy of Lancaster, by section 1 of the Crown Lands Act 1829 (10 Geo 4 c 50).The Statutes of the United Kingdom of Great Britain and Ireland, 10 George IV. 1829. Printed by His Majesty's Statute and Law Printers. London. 1829.
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From pre-Reformation times, churches in England and Wales have been ministered by either a vicar, who received a stipend (salary), or a rector or parson who received tithes from the parish.Sir William Blackstone, Commentaries on the Laws of England, Volume 1. Collins & Hannay, New York 1832. Book 2, page 17 at Google books: "A second species of incorporeal hereditaments is that of tithes…" The rectors (of around 5,200 churches) were responsible for the repairs of the chancel of their church, while the parish members were responsible for the rest of the building.
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Peter Lathom of Bispham was a great grandson of Richard Lathom of Allerton Hall (1563-1602) Lancashire, England- whose family's lands and hereditaments were confiscated for treason in 1652 (fn. 20) and ordered to be sold by Parliament. His family now poor, Peter took to the roads and became a beggar, relying on the goodwill of the surrounding villagers for occasional jobs, food and shelter. In his will (1700), he left money for the children of these villages, including Wrightington: Peter Lathom’s life (1651–1701) was cast in very stormy times.
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199 n. 64, sows a doubt that Ralph's wife may have been the daughter, not widow, of Nicholas Corbet, citing Placita de Quo Warranto, Temporibus Ed. I, II & III (Commissioners, 1818), pp. 545-46 (Hathi Trust). This marriage brought to him a portion of the Bulbeck barony of Northumberland seated at the manor of Styford in the parish of Bywell,The various baronial hereditaments could still be identified in 17 Henry VI: see T. Madox, Baronia Anglica: A History of Land-Honors and Baronies (Robert Gosling, London 1736), p.
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However, by the terms of the will, dated 2 May 1612, the estates were put into trust. The proceeds were to be used primarily to settle his debts and the administrators should "at the end of the seven years, give an Accompt unto such person or persons as shall stand and be rightfullie seized of my Estate". Young Richard was granted an annuity of £50 for life, "provided that he surrender all his Claime to the lands and hereditaments aforesaid." The reasons for this unusual provision are unknown, although some form of congenital disability is a possible explanation.
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The unrepealed residue of this Act was omitted from the third revised edition of the statutes because of its local and personal nature.The Statutes Revised. Third Edition. HMSO. 1950. Volume II. Page ccxxvi, read with page xi of volume I. The Duchy of Lancaster Act 1821 was repealed, excepting so far as any powers, provisions, matters or things related to or affected the Duchy of Lancaster or any of the hereditaments, possessions or property within the ordering and survey of the Duchy of Lancaster, by section 1 of the Crown Lands Act 1829 (10 Geo 4 c 50).
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The Duchy of Lancaster Act 1808 (48 Geo 3 c 73) is an Act of the Parliament of the United Kingdom. The Duchy of Lancaster Act 1808 was repealed, excepting so far as any powers, provisions, matters or things related to or affected the Duchy of Lancaster or any of the hereditaments, possessions or property within the ordering and survey of the Duchy of Lancaster, by section 1 of the Crown Lands Act 1829 (10 Geo 4 c 50).The Statutes of the United Kingdom of Great Britain and Ireland, 10 George IV. 1829. Printed by His Majesty's Statute and Law Printers. London. 1829.
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The Duchy of Lancaster Act 1817 (57 Geo 3 c 97) is an Act of the Parliament of the United Kingdom. The Duchy of Lancaster Act 1817 was repealed, excepting so far as any powers, provisions, matters or things related to or affected the Duchy of Lancaster or any of the hereditaments, possessions or property within the ordering and survey of the Duchy of Lancaster, by section 1 of the Crown Lands Act 1829 (10 Geo 4 c 50).The Statutes of the United Kingdom of Great Britain and Ireland, 10 George IV. 1829. Printed by His Majesty's Statute and Law Printers. London. 1829. Pages 253 and 254.
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Mr Harman wrote a letter, dated 15 April 1846, agreeing to grant Mr Robinson a lease on a house in High Street, Croydon, for 21 years, starting on 19 September at £110 a year.The exact wording was, “to grant and deliver to the plaintiff a good and valid lease of a certain dwelling-house, etc, and other hereditaments and premises in the agreement mentioned, for a term of twenty- one years from the 29th day of September then next ensuing, at the yearly rent of £110”. Then Mr Harman changed his mind and refused to complete the lease. It turned out the house was worth much more than £110 a year.
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Such titles are legally classified as "incorporeal hereditaments" as they have no physical existence,Manors: manorial titles and rights (PG22) and usually have no intrinsic value. However a lucrative market arose in the 20th century for such titles, often for purposes of vanity, which was assisted by the existence of an official register, giving the purchaser the impression of a physical existence. Whether a title of "Lord of the Manor" is registered or unregistered has no effect on its legal validity or existence, which is a matter of law to be determined by the courts. Modern legal cases have been won by persons claiming rights as lords of the manor over village greens.
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In 1544 he was appointed a master in chancery, and on 17 October in that year he was commissioned with the Master of the Rolls, John Tregonwell, and John Oliver, also masters in chancery, to hear causes in the absence of Thomas Wriothesley, the lord chancellor. Belasyse became master of Sherburn Hospital, co. Durham, in or about 1545, in which year Henry VIII granted to him, William Belasyse, and Margaret Simpson, the site of Newburgh Priory in Yorkshire, with the demesne, lands, and other hereditaments; also certain manors in Westmorland which had belonged to the dissolved Byland Abbey in Yorkshire. In 1546 he was holding the prebend of Timberscomb in Wells Cathedral, and three years later he was installed prebendary of Knaresborough-cum-Bickhill in York Minster.
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Beckford was only 10 or 11 when his father died in the French dominions. Among various legacies, at his death Richard left his Jamaican estates (including all his "Messuages, Lands, Pens, Tenements, Slaves and Hereditaments and all my real Estate") in trust under his executors for his reputed son William Beckford to inherit at his age of 21. The executors were meanwhile empowered to manage the estates, and, of these, Captain Thomas Collett (Chelsea merchant in the West India trade from 1723, West India merchant in London from 1747 to 1774,"Factor. Case 1: Richard Beckford v William Beckford" in J. Brown (ed. T.E. Tomlins), Reports of Cases Upon Appeals and Writs of Error Determined in the High Court of Parliament, 2nd Edition, 8 vols (J.
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The Agricultural Holdings Acts 1883 and 1900, and other acts, gave the tenant of a tenancy within the acts a general right to compensation for improvements, substituted a year's notice to quit for the six months' notice previously necessary, enlarged the tenant's right to fixtures, and limited the amount of distress. By the Intestate Estates Act 1884 the law of escheat was extended to incorporeal hereditaments and equitable estates. Among other subjects which have been dealt with by legislation in the 19th century may be mentioned land transfer, registration, mortgage, partition, excambion, fixtures, taking of land in execution, declaration of title and apportionment. The Law of Property Act 1925 was meant to reduce the number of legal estates to two, and to make easier the transfer of interests in land.
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Black's Law Dictionary defines a nuisance as... that which annoys and disturbs one in possession of his property, rendering its ordinary use and occupation physically uncomfortable to him. It defines a private nuisance as:..anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another. As distinguished from public nuisance, it includes any wrongful act which destroys or deteriorates the property of an individual or of a few persons or interferes with their lawful use or enjoyment thereof, or any act which unlawfully hinders them in the enjoyment of a common or public right and causes them a special injury different from that sustained by the general public. The word nuisance is connected closely with the word disturbance which is used extensively in many noise ordinances.
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Paramount (derived from the Anglo-French word paramont, which means 'up above', or par a mont, meaning 'up or on top of the mountain') is the highest authority, or that being of the greatest importance. The word was first used as a term of feudal law, of the overlord, the lord paramount, who held his fief from no superior lord, and was thus opposed to a mesne lord, one who held fief from a superior."Paramount is a word used in our law, signifying the highest lord of the fee, of lands, tenements or hereditaments" in The Common Law Common-Placed, by Giles Jacob 1726. p.351 Those who held their fiefs from one who was not a lord paramount were given the correlative term "paravail", (from par aval, meaning 'in the valley').
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So much of this Act as related to devises or bequests of lands or tenements, or to the revocation or alteration of any devise in writing of any lands, tenements or hereditaments, or any clause thereof, or to the devise of any estate pur autre vie, or to any such estate being assets, or to nuncupative wills, or to the repeal, altering or changing of any will in writing concerning any goods or chattels or personal estate, or any clause, devise, or bequest therein was repealed by section 2 of the Wills Act 1837 (1 Vict c 26). The marginal note to that section said that the effect of this was to repeal sections 5 and 6 and 12 and 19 to 22.The Wills Act 1837 Legislation.gov.uk has this as sections 18 to 21 instead of 19 to 22.Legislation.gov.
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Elegit (Latin for he has chosen) was, in English law, a judicial writ of execution, given by the Statute of Westminster II (1285), and so called from the words of the writ, that the plaintiff has chosen () this mode of satisfaction. Previously to the Statute of Westminster II, a judgment creditor could only have the profits of lands of a debtor in satisfaction of his judgment, but not the possession of the lands themselves. But this statute provided that henceforth it should be in the election of the party having recovered judgment to have a writ of fieri facias unto the sheriff on lands and goods or else all the chattels of the debtor and the one half of his lands until the judgment be satisfied. By the Bankruptcy Act 1883 the writ of elegit extended to lands and hereditaments only.
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On 14 January 1840, Governor George Gipps of New South Wales issued a proclamation forbidding future sales, unless to the Crown, and warned that commissioners would investigate all titles already claimed and that, where appropriate, Crown grants would validate them. One month later, on 15 February 1840 during a second visit to Sydney, Tuhawaiki, Karetai and three subordinate chiefs, Kaikoarare, Taikawa and Poneke signed an agreement which "sold" the "Island of Te Waipounamu, also called the Middle Island of new Zealand, also the island called Stewarts island... together with all seas, harbours, coasts, bays, inlets, rivers, lakes, waters, mines, minerals, fisheries, woods, forests, liberties, franchises, profits, hereditaments... save and except such portions of the said island as have been already disposed of.. . and also the island of Robuchi". The purchase was made partly by cash payments and partly by annuities.
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While the degree to which the general law recognises arms differs, in both England and Scotland a grant of arms confers certain rights upon the grantee and his (or her) heirs, even if they may not be easily protected. No person may lawfully have the same coat of arms as another person in the same heraldic jurisdiction although in England the bearing of identical arms without differencing marks by descendants from a common armigerous ancestor has been widespread and tolerated by the College of Arms. Although the common law courts do not regard coats of arms as either property or as being defensible by action, armorial bearings are a form of property nevertheless, generally described as tesserae gentilitatis or insignia of gentility. Armorial bearings are incorporeal and impartible hereditaments, inalienable, and descendable according to the law of arms.
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The "county or shire of Monmouth" was formed from parts of the Welsh Marches by the Laws in Wales Act 1535. According to the Act the shire consisted of all Honours, Lordships, Castles, Manors, Lands, Tenements and Hereditaments, lying or being within the Compass or Precinct of the following Lordships, Townships, Parishes, Commotes and Cantrefs... in the Country of Wales: Monmouth • Chepstow • Matherne (Mathern) • Llanvihangel (Llanfihangel Rogiet) • Magour (Magor) • Goldcliffe (Goldcliff) • Newport • Wentlooge • Llanwerne (Llanwern) • Caerlion (Caerleon) • Usk • Treleck (Trellech) • Tintern • Skenfrith • Grosmont • Witecastle (White Castle) • Raglan • Calicote (Caldicot) • Biston (Bishton) • Abergavenny • Penrose (Penrhos) • Grenefield (Maesglas) • Maghen (Machen) • Hochuyslade (possessions of Llanthony Priory)Ivor Waters, Chepstow Packets, 1983, , p.34 The Act also designated Monmouth as the "Head and Shire town of the said county or shire of Monmouth", and ordered that the Sheriff's county or shire court be held alternately in Monmouth and Newport.Section 3 of the Laws in Wales Act 1535 (Hen.
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And as for and concerning all that residue or remainder of my estate > or terme of thirty yeares and seven moneths (wherein about twenty seven > yeares are yet to come) in the fforest of Exmore in the countys of Devon and > Somersett and divers other things ................................ granted > to me by the late Duke of Ormond I give and devise the said lease or term of > yeares and fforest with the appurtenances and every other matter and thing > so devised to me by the said Duke to my said loveing wife Margarett Boevey. > And as for and concerning all that my estate of inheritance in the tythes of > the said fforest of Exmore with the appurtenances and all other my > hereditaments whatsoever in or near the said fforest by me purchased of > James Milles Esq. I give and devise the same and all my right title interest > and claim therein in law or equity to my said loveing wife Margarett Boevey > and her heires for ever. I give unto my son Bateman and his wife tenn pounds > apeace.
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Memorandum of Association, under the Companies Act of 1862, "The objects for which the Company is established are: The purchase of the Machinery, Stock, Tools, Implements, Book Debts and Goodwill of the Machine Shops known as the 'Castle Iron Works' belonging to the firm of Taylor, Lang & Co., situated in Stalybridge in the County of Chester; the acquisition of purchases, leasing or otherwise, of the buildings, offices, storerooms, furnaces, iron foundry, with the steam engines, boilers, gearing, shafting and fixtures therein, hereditaments and premises connected therewith; the acquisition by purchases, leasing, or otherwise, of land and buildings, and the erection on the said land of such buildings and premises as may be necessary for the carrying [out] of the business of Machinists; the purchase of engines, boilers, shafting and machinery for the carrying out of said business; the buying, selling, and importing, and otherwise dealing in iron, steel, timbers and other materials and things; and the doing of all such other things as are incidental or conducive to the attainment of the above objects." Signed 25 April 1872. The capital of the company was declared as £50,000, divided into 5000 shares of £10 each.
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