This Indenture

made the Twenty-first day of February One thousand nine hundred and eighteen B E T W E E N Edward William Howell Blackburn Scratton of Westwood Newton Abbot in the County of Devon a Captain in His Majesty's Army of the first part the said Edward William Howell Blackburn Scratton of the second part and Robert Arthur Jones of 76 and 78 High Street, Southend-on-Sea in the County of Essex Esquire of the third part and The Mayor Aldermen and Burgesses of the County Borough of Southend-on-Sea (hereafter called "the Corporation") of the fourth part WHEREAS under and by virtue of the Will dated the thirteenth day of June One thousand nine hundred and one of Daniel Robert Scratton deceased who died on the tenth day of February One thousand nine hundred and two and whose Will was duly proved in the Principal Probate Registry by Edward Joshua Blackburn Scratton since deceased and the said Edward William Howell Blackburn Scratton the Executors therein named on the twenty sixth day of April One thousand nine hundred and two and the eighteenth day of September One thousand nine hundred and two respectively and by virtue of (1) a Conveyance to the uses of the said Will dated the seventh day of April One thousand nine hundred and ten and made between Theobald Lomax Walsh and John Berkely Hue of the first part Francis Watts, Gerald Douglas Woollcombe and Harold Vaughan Iremonger Watts of the second part the said Edward Joshua Blackburn Scratton of the third part and the said Edward Joshua Blackburn Scratton and Edward William Howell Blackburn Scratton of the fourth part and (2) a Conveyance Surrender and Release to the like uses dated the twenty fifth day of March One thousand nine hundred and twelve and made between Alice Emily Lacell of the first part Annie Judith Lacell of the second part the said Edward Joshua Blackburn Scratton of the third part and the said Edward Joshua Blackburn Scratton and Edward William Howell Blackburn Scratton of the fourth part the freehold hereditaments hereinafter described and expressed to be hereby assured and the railway and piece of land over which the right of way is hereinafter expressed to be granted (with other hereditaments) now stand limited and settled to uses under which the said Edward William Howell Blackburn Scratton is tenant for life in possession thereof free from incumbrances and the said Edward William Howell Blackburn Scratton is now sole surviving Justice of the Settlement 1882 to 1890 and as such sole Justice is by the provisions contained in the said Will competent to act for all the purposes of the said Tenant the said Will including the receipt of capital moneys there under And whereas the said Edward William Howell Blackburn Scratton by virtue of the powers invested in him as tenant for life by the Settled Land Acts 1882 to 1890 has agreed with the said Robert Arthur Jones for the absolute sale to him of the hereditaments and right of roadway hereinafter described and assured and the inheritance thereof on fee simple in possession subject only to the building and other stipulations and the provisions with inferrence to the said Roadway hereinafter contained and otherwise free from encumbrances for the sum of Six thousand pounds And whereas the said Robert Arthur Jones being interested in and solicitous for the welfare of the co Borough of Southend-on-Sea is desirous of assuring the said hereditaments freely and voluntarily to the Corporation for the purpose of a Public Park for the benefit of the inhabitants of the said Borough and the general justice and at his request the said Edward William Howell Blackburn Scratton has agreed to assure the said hereditaments to the Corporation in manner hereinafter appearing Now this Indenture witnesseth that in consideration of the sum of Six thousand pounds now paid by the said Robert Arthur Jones by the direction of the said Edward William Howell Blackburn Scratton as such tenant for life as aforesaid to the said Edward William Howell Blackburn Scratton as such Trustee as aforesaid, the receipt whereof the said Edward William Howell Blackburn Scratton as such Trusteeas aforesaid doth hereby acknowledge and the payment whereof in manner aforesaid the said Edward William Howell Blackburn Scratton as such tenant for life doth hereby acknowledge. The said Edward William Howell Blackburn Scratton as Beneficial Owner by virtue of the powers vested in him by the Settled Land Acts 1882 to 1890 and of every or any other power enabling him in this behalf and at the request of the said Robert Arthur Jones doth hereby grant and convey unto the Corporation All that (?)messuuge(?) or tenement called Prittlewell Priory otherwise St. Mary's Priory, Prittlewell with the outbuildings and gardens and several closes enclosures pieces or parcels of land and ground thereto belonging or occupied therewith situate lying and being in the Parish of Prittlewell in the County of Essex containing the whole thirty three acres _______________________________________ or thereabouts bounded on the South side by thereof in part by Brook Road and in other part by lands of which the said Edward William Howell Blackburn Scratton is now or was recently such tenant for life as aforesaid and on the West side thereof in part by North Street and in other part by the premeses known as Priory Cottages and the Lodge lately purchased by the said Robert Arthur Jones from the said Edward William Howell Blackburn Scratton and in other part by lands of which the said Edward William Howell Blackburn Scratton is such tenant for life as aforesaid and on the North side thereof by lands of James Tabor Esquire which said premeses are delineated and shown in the Plan No 1 drawn on these presents and are thereon distinguished by being coloured pink and pink hatched Red Together with all tithes (if any) and rent charge in lieu of tithes (if any) issuing out of or payable in respect of the said hereditaments and premises (excepting a Modus in lieu of tithes of Ten shillings per annum) to the intent that the same if not already merged may henceforthe merge and be extinguished in the freehold and inheritance of the same premises Together also with full and free right and liberty for the Owners and Occupiers for the time being of the hereditaments hereby conveyed their families and servants and others in common with the said Edward William Howell Blackburn Scratton and his Sequels in tithe under the said Settlement their heirs and assigns the Owners and Occupiers for the time being of the hereditaments coloured green on the said Plan with or without houses and other animals carts carriages and other vehicles to go pass and repass along over and upon the roadway shown and coloured Brown on the said Plan No 1 and along over and upon the piece of land shown and coloured blue on the Plan Number 2 drawn hereon (such Plan No 2 being intended to show the details of the roadway shown on Plan No 1 and also the particulars of the Western boundary of that part of the land hereby conveyed which lies to the North of the said Roadway) the said land coloured blue thereon being the site for a proposed continuation of the existing Roadway. To hold the same premises such and to the use of the Corporation and their assigns subject only to the stipulations mentioned in the First Schedule hereunder written to the intent that the same premises shall forever hereafter be dedicated held used and enjoyed as and for the purposes of a Public Park for the benefit of the inhabitants of the Borough of Southend-on-Sea and the recreation of the Public Provided always that as respects the remainder expectant on the life estate of the said Edward William Howell Blackburn Scratton on the premises hereby conveyed and the tithe to and further assurance of the same premises after his death the covenants by the said Edward William Howell Blackburn Scratton which are implied by reason of his hereby conveying and being expressed to convey as Beneficial Owner shall not excend to the acts or defaults of any person or persons other than or besides himself and his own heirs and persons claiming through or in trust for his heirs or any of them Provided also And it is hereby agreed and declared (1) That until the said Edward William Howell Blackburn Scratton or other the owner for the time being of the remainder of the estate of which he is such tenant for life as aforesaid shall incorporate into or make up the said Roadway and the said piece of land coloured respectively brown and blue on the said Plan No 2 so as to form an estate road ofr the benefit of such estate or until the same shall be taken over by the Local Authority as a highway repairable by the inhabitants at lurch such portion of the said Roadway coloured Brown on the said Plan No 2 as is now metalled shall be maintained by the said Edward William Howell Blackburn Scratton or other the owner or owners for the time being of the land coloured green on the said Plan No 1 the Corporation or their assigns the owner or owners for the time being of the hereditaments hereby conveyed contributing a fair proportion of the cost of such maintenance having regard to the user thereof by the owners and occupiers for the time being of the hereditaments hereby conveyed and the other persons entitled to use the same respectively such proportion in case of difference being settled by arbitration and (2) If and whenever within the limited period next hereinafter mentioned that is to say the life of the survivor of all the estate now living of her late Majesty Queen Victoria and twenty one years from the death of such survivor the said Edward William Howell Blackburn Scratton or other the owner or owners for the time being of or other the person or persons for the time being having power of disposition over the lands coloured green on the said Plan No 1 shall be desirous at his or their own expense of incorporating the said roadway coloured Brown and the said piece of land coloured blue on the said Plan No 2 with a properly metalled estate road for the mutual benefit of the said lands coloured green and the hereditaments hereby conveyed and the owners and occupiers thereof respectively or if within the said limited period the local authority shall be desirous of making up and (?)hiking(?) over the said roadway coloured Brown and the said piece of land coloured Blue on the said Plan No 2 with the object that the same may become a Highway repairable by the Inhabitants at large and if in either of such cases the owner or owners for the time being or the person or persons for the time being having power of disposition over the lands coloured green on the said Plan No 1 shall consider it advisable for preserving the trees then standing on the North side of the said Roadway coloured brown and of the said piece of land coloured blye on the said Plan No 2 such owner or owners or person or persons or the Local Authority as the case may be shall be entitled to take free possession of a strip of the land part of the premises hereby conveyed of varying width as shown on the said Plan No 2 and thereon coloured Pink hatched red immediately adjoining to and on the South side of the said Roadway and piece of land coloured respectively Brown and blue on the said Plan No 2 for the purpose of incorporating such strip of land into the then intended Estate Road or Highway as the case may be and for no other purpose but so that before taking posession of the said strip of land coloured pink hatched red on the said Plan No 2 or any part thereof for the purposes aforesaid the person or persons or Local Authority taking the same shall at his or their own expense either by moving and re-erecting the fence then existing on the South side of the said Roadway coloured Brown and the said piece of land coloured blue on the said Plan No 2 or by the provision of a suitable new fence properly and securely fence off the parts so to be taken from the remainder of the hereditaments hereby conveyed and so also that on the completion of any such Estate Road as aforesaid the Corporation and their assigns shall have the like full and free right of way thereover for all purposes as is hereinbefore granted to them in respect of the said roadway and piece of land coloured respectively Brown and Blue on the said Plan No 2 and the said Estate Road shall thereafter be maintained by and at the sole expense of the said Edward William Howell Blackburn Scratton or other the Owner or Owners for the time being of the land coloured Green on the said Plan No 1 without any contribution for as have the Corporation or their assigns for such maintenance And the said Edward William Howell Blackburn Scratton doth hereby covenant with the Corporation that until the said Roadway coloured Brown on the said Plan No 2 shall be incorporated in or form part of such Estate Road as aforesaid or be taken over by the Local Authority as a Highway repairable by the inhabitants at large that he the said Edward William Howell Blackburn Scratton will maintain such part thereof as is now metalled the Corporation or their assigns the Owner or Owners for the time being of the hereditaments hereby conveyed contributing a fair proportion of hte cost of such maintenance as aforesaid And the Corporation for themselves and their assigns to the intent that the convenants hereinafter contained shall be binding on the hereditaments hereby conveyed into whosoever handle the same may come but not so as to render the Corporation liable in damages for any breach thereof after they shall have parted with all interest in the premises in respect of which such breach shall occur do hereby covenant with the said Edward William Howell Blackburn Scratton his heirs sequels in tithe nad assigns the owner or owners for the time being of the lands coloured green on the said Plan No 1 that the Corporation and their assigns will all times hereafter observe and perform the stipulations in relation to the premises hereby assured which are contained in the First Schedule hereto And the said Edward William Howell Blackburn Scratton as to the documents specified in the Second Schedule hereto the possession of which is retained by him and the said Robert Arthur Jones as to the documents specified in the Third Schedule hereto the possession of which is retained by him hereby respectively acknowledged the right of the Corporation to the production and delivery of Copies of the documents specified in the said Schedules hereto And the said Edward William Howell Blackburn Scratton as to the documents specified in the said Second Schedule and the said Robert Arthur Jones as to the documents specified in the said Third Schedule hereto hereby respectively undertake with the Corporation for the safe custody of the same documents In witness whereof the said Edward William Howell Blackburn Scratton and Robert Arthur Jones have hereunto set their hands and seals and the Corporation have hereunto affixed their Common Seal the day and year first before written.

The First Schedule

above referred to

  1. No house shop or part of a shop shall be erected of less value that Three hundred and fifty pounds. The value of any building is the amount of its net first cost in materials and labour of construction only estimated at the lowest current price prevailing prior to the War and if any dispute shall arise upon this point the same shalle be referred to Messrs Talbot & White of 34 Clarence Street Southend-on-Sea Surveyors whose decision shall be final. No shops or business premises shall be erected except on the Main County Road frontage.
  2. No bricks shall be made or burnt and no noxious noisy offensive trade business or manufacture shall be carried on upon any part of the premises hereby conveyed or any building thereon nor shall any part of the said premises be occupied in any manner which may be a nuisance or an annoyance to neighbouring owners or occupiers.
  3. No sand gravel clay or soil shall be removed from any part of the premises hereby conveyed except for the erection of buildings thereon.
  4. No Caravan Shed house on wheels or other chattel adapted or intended for use as a dwelling or sleeping apartment nor any shows swings booths steam engines or roundabouts shall be erected made or used or be allowed to remain on any part of the premises hereby conveyed.
  5. No house or building now or hereafter to be erected on the premises hereby conveyed or any part thereof shall be used or allowed to be used as an asylum or house or place for the reception or treatment of lunatics whether certified or not or for persons suffering from any noxious loathsome infectious or contagious disease whether notifiable or not under the Public Health Acts or any statutory modification thereof.
  6. The said Edward William Howell Blackburn Scratton reserves to himself and his successors in tithe the right to alter modify release or dispense with the foregoing stipulations as regards all or any part ofthe premises hereby conveyed and as regards all or any part of the property now remaining subject to the limitations of the settlement made by the said Will and of otherwise dealing with such remaining property as he or they shall in his or their control discretion think fit.

The Second Schedule

above referred to:
27th April
1906
Indenture of this date made between William Howell Scratton of the one part and Edward Joshua Blackburn Scratton of the other part
27th April
1906
Indenture of this date made between the said Edward Joshua Blackburn Scratton of the one part and Theobald Lomax Walsh Richard Wellington Menneer and John Berkeley Hice of the other part.
22nd April
1909
Indenture of this date made between the said Edward Joshua Blackburn Scratton of the one part and Francis Watts Gerald Douglas Woollcombe and Harold Vaughan Iremonger Watts of the other part.
3rd December
1909
Agreement of this date made between the said Edward Joshua Blackburn Scratton of the one part and Edward William Howell Blackburn Scratton of the other part
7th April
1910
Indenture of this date made between the said Theobald Lomax Walsh and John Berkeley Hice of the first part the said Francis Watts Gerald Douglas Woollcombe and Harold Vaughan Iremonger Watts of the second part the said Edward Joshua Blackburn Scratton of the third part nad Edward Joshua Blackburn Scratton and Edward William Howell Blackburn Scratton of the fourth part.

The Third Schedule

above referred to:
8th November
1860
Indenture of this date made between George Lacell of the one part and Thomas Cause of the other part
11th July
1866
Stewards Copy Admission of this date of Judith Lacell as tenant of the Manor of Prittlewell Priory
4th November
1901
Stewards Copy Admission of this date of John Lacell as tenant of the said Manor
4th November
1908
Indenture of this date made between Frederick Cause and William Alfred Frederick Sewell and Mary Ann Cause of the one part and Charles Lacell of the other part
4th December
1908
Stewards Copy Admission of tis date of Charlotte Mary Lacell Alice Emily Lacell and Annie Judith Lacell as tenants of the said Manor.
23rd December
1908
Indenture of this date made between the said Charles Lacell of the one part and the said Charlotte Mary Lacell Alice Emily Lacell and Annie Judith Lacell of the other part.
9th January
1912
Stewards Copy Admission of this date of Annie Judith Lacell as tenant of the said Manor.
25th March
1912
Indenture of this date made between the said Alice Emily Lacell of the first part the said Annie Judith Lacell of the second part the said Edward Joshua Blackburn Scratton of the third part and the said Edward Joshua Blackburn Scratton of the fourth part.

Signed Sealed and Delivered by  }
the before named Edward William }
Howell Blackburn Scratton in    }    E. W. H. B. Scratton
the presence of                 }

                                     Robert Arthur Jones

               Colin Draycott C.V.M. 108 Coy-A.O.C. York
               Sydney F. Adais C.V.M. 87th Coy A.O.C. York

Signed Sealed and Delivered by  }
the before named Robert Arthur  }
Jones in the presence of        }

               W. G. Turks
               Asst. Town Clerk
               Southend-on-Sea

The Common Seal of the Mayor    }                   [   SEAL   ]
Aldermen and Burgesses of the   }                   [          ]
County Borough of Southend-on-  }                   [ ATTACHED ]
Sea was hereto affixed in the   }                   [          ]
presence of:                    }                   [   HERE   ]

[Unreadable Signature]   }
[Unreadable Signature]   } Two members of the Council

[Unreadable Signature]     Town Clerk