Documents

DOCUMENTS HELD BY PEOPLE IN THE VILLAGE

The 1831 Sale of Cottages

This document refers to the sale of two cottages on High Street backing onto the old Millpond. Today, this is the two-storey section of 76-77 High Street. In 1831, there was a small garden in the space now occupied by the three-storey part of the building. In 1831, the two cottages were unoccupied and in a poor state of repair ( 'now untenanted and in a ruinous Condition' ). The previous occupants are named as Betty Greenwood and Mary Horner. The properties were owned by David Sutcliffe of Mytholmroyd who was a Butcher?. He sells the cottages to Hartley and John Murgatroyd, Cornmillers for a sum of £25. This transaction is witnessed by Charles Claye and signed off by the Deputy Steward Hen Lumb. The cover sheet to the left shows the charges incurred for this transaction.

Original Courtesy of John Vaul

TRANSCRIPTION
Wakefield Court Baron of his Grace the Most Noble George William Frederic Duke of Leeds Knight of the Most Noble Order of the Garter Lord of the Manor of Wakefield holden there the Fourth Day of February in the first year of the Reign of our Sovereign Lord William the fourth by the Grace of God King of the United Kingdom of Great Britain and Ireland and so forth and in the year of our Lord 1831. At this Court it was witnessed upon the Oath of Charles Claye Gentleman a Customary Tenant of the Lord that David Sutcliffe of Mytholm Royd in Wadsworth in the Parish of Halifax and County of York (Butcher?) for and in Consideration of Twenty Five Pounds of lawful Money of the United Kingdom of Great Britain and Ireland Current in Great Britain to him in Hand well and truly Paid by Hartley Murgatroyd of Grave House in Midgley in the Parish of Halifax Corn Miller and John Murgatroyd of the same place Miller in equal stakes on or before the Execution hereof for the absolute Purchase and Price of the Tenements hereby surrendered the Eight Day of January last Past before the Date of this Court did surrender into the Hands of the Lord of the said Manor by the hands of the said Charles Claye according to the Custom thereof All Those two several Cottages Dwellinghouses or Tenements of him the said David Sutcliffe situate standing and being at Dam Side in that Part of the Village of Luddenden which is in Warley and in the Parish of Halifax aforesaid and within the Graveship of Sowerby aforesaid late in the several Tenure or

Occupation of Betty Greenwood and Mary Horner but now untenanted and in a ruinous Condition Together with all and singular the Buildings Gardens Yards Ways Paths Passages Waters Watercourses Liberties Privileges Hereditaments and Appurtenances whatsoever to the same Cottages or either of them belonging or of right appertaining being of the yearly Rent to the Lord of the said Manor of a half Penny and other Rents Issues and Profits of all the same Premises. And all the Estates Right Title Use Trust Property Possession Inheritance Claim and Demand whatsoever of him the said David Sutcliffe of in to or out of the same To The Use and behoof of them the said Hartley Murgatroyd and John Murgatroyd To hold to them in equal Common and not as joint Tenants and of their several Heirs and assigns for ever to be holden of the Lord of the said Manor by the Rents Suits and Services according to the Custom thereof and they give to the Lord for a Fine for such their Admittance as appear in the margin and the said Hartley Murgatroyd and John Murgatroyd are Admitted Tenants accordingly their Fealties being respited

Examined by me Hen Lumb Deputy Steward

The 1854 Auction listing in the Halifax Courier

This gives a detailed description of all the properties that were owned by Hartley and John Murgatroyd that were auctioned in 1854.
These can be crossed referenced to the maps that were contained in the auction document.

TRANSCRIPT
LUDDENDEN NEAR HALIFAX
Valuable freehold and copyhold estates in Whalley and Midgley near Halifax in the County of York consisting of mills, Mansion House, farms, public houses, dwelling houses, shops and other property. Mr. Carr will sell by auction by the direction of Messrs Hartley and John Murgatroyd, the owners at the Murgatroyd Arms in in Luddenden near Halifax on Wednesday the 19th day of July next at 2 in the afternoon precisely subject to the conditions to be then and there produced and in the following or such other lots as shall be agreed on at the time of Sale.
Lot 1 - all that plot of building ground situate in Luddenden aforesaid on the road leading from Luddenden to Keighley now used as a garden bounded on the north by the garden of Luddenden Parsonage on the South by lot 2 and on the east by the said Road and on the West by the remainder of the said garden and containing 260 superficial square yards.
Lot 2 - all that other plot of building ground situates adjoining and bounded on the north by lot 1 on the South by property of Mr Abraham Thomas on the east by the said road and on the West by the remainder of the said garden and containing 186 superficial square yards.
Lot 3 - all that cottage and stable with the outbuildings and appurtenances situated in Luddenden aforesaid together with the yard in front and a small piece of garden ground at the back as shown on the sale plan now in the several occupations of Benjamin Tetley and Thomas Crowther Esquire.
Lot 4 - all those 3 cottages and gig house situated in London aforesaid fronting to the street together with the vacant ground at the back now in the several occupations of Ellis Chew, Jonas Townsend and Richard Thomas.
Lot 5 - all that in or public house situated in Luddenden aforesaid call the Murgatroyd Arms now in the occupation of Henry Patchett with the brew house, stable, mistle, glazier’s shop, out buildings and appurtenances thereto belonging (except the out Kitchen and coal place which belongs to lot 7) and also the open space of ground in front of the said Inn together with part of the garden behind as shown in the plan.
Lot 6 - all that newly erected messuage or dwelling house situated in London aforesaid now in the occupation of James Howarth.
Lot 7 - all that messuage dwelling house and shop 3 storeys high situate in Luddenden aforesaid in the occupation of Joseph Sutcliffe together with the out kitchen and coal place under the same now used with the said public house And also part of the garden now divided for sale situated the southerly end of the said messuage having a frontage to the street there of 12 yards and the whole contains 133 superficial square yards.
Lot 8 - together with the remainder of the garden situated on the northerly side thereof and adjoining the dam there being the remainder of the said garden mentioned in Lot 7 and containing altogether 131 superficial square yards.
Lot 9 - all those two cottages situated adjoining lot 8 now in the occupation of Eli Wilde and Joseph Tetley together with a space of four feet wide on the southerly end of the said cottages and the space of ground behind the said cottages and adjoining the said dam as shown on the sale plan.
Lot 10 - all that plot of building ground adjoining lot 9 and bounded by the street there on the east by the dam on the West by lot 9 on the South and by the ground belonging to Luddenden Mills on the north and containing a frontage to the said Street of 17 yards and contained in 78 superficial square yards.
Lot 11 - all those 6 cottages situate Luddenden aforesaid now in the several occupations of Thomas Wilkinson, Joseph Murgatroyd, William Greenwood, Richard Hartley, Eli Mitchell and Jacob Thorpe together with the garden at the back of the said cottages and the building ground and outbuildings adjoining to Chapel Road. The water is excepted out of this lot.





AT DENHOLM NEAR LUDDENDENFOOT
Lot 12 - all those four newly erected cottages with the outbuildings situate at Denholm near Luddendenfoot fronting to the Halifax and Todmorden Turnpike Road now in the several occupations of Samuel Crowther Farrar, Anthony Martin, Jeremiah Waddington and another.

AT LUDDENDEN
Lot 13 - all that valuable Corn Mill called ‘Upper Mill’ situate at Luddenden aforesaid lately occupied by Messrs H and John Murgatroyd with the malt kiln, drying kilns, warehouses, stabling for 18 horses, waggon and cart sheds, gig house, joiners shop, paved yards and outbuildings there to belonging and also the reservoir behind the same containing 2008 superficial square yards with the water wheel and the entire fall of the Luddenden brook being about 30 horsepower and also the weir and dam stones and plot of ground adjoining thereto as shown on the plan together with the head and tail goit now used therewith. This mill together with that described as lot 14 usually known as the Luddenden Mills have been in Messrs Murgatroyd’s family for two centuries and have been occupied during that as corn mills and are now offered for sale in consequence of Messrs Murgatroyd’s retirement from business. They are situated upon the Luddenden brook, about 3/4 of a mile from the Luddenden station of the Lancashire and Yorkshire railway and the same distance from the Rochdale canal and about 3 miles from the borough of Halifax and are entitled to the entire fall of the brook together with the use of The Haigh Cote and Leadbeater reservoirs situate on Saltonstall moor which were erected for the benefits of the mills in the Luddenden valley. And upon construction of the works authorised by the Halifax Improvements Act 1858 will be supplied with not less than 5 cubic feet and 1/3 of a cubic foot of water per second during 12 hours a day It is intended in future that the whole of the water shall be appropriated to the new Upper Mill. The mill is five stories and attic and the whole of the premises have been recently re erected and are fitted up with the machinery of the newest construction under the most improved principle and are ready for immediate use. The water wheel is a new iron one 27 feet in diameter and 9 on the breast. The purchaser will be entitled to take all the stones and machinery in and about the said mill at a valuation
Lot 14 - all that other mill called the ‘Lower Mill’ also lately occupied by the said Messrs H&J Murgatroyd and the counting house, sheds, 4 cottages (situate in the yard), yard, garden outbuildings and appurtenances together with the steam engine, boiler, boiler house and chimney belonging thereto. The mill is three stories and attic, the steam engine is a 12 horsepower (Bowling) and the boiler is 16 horse. And also all that close of land adjoining thereto call ‘The Holme’ containing including the site of the above premises, one acre 3 rod 36 perch The above mill will have no right to the fall of water except for steam engine purposes. The water and the tail goit from the upper mill to the lower mill which passes through The Holme being reserved to the upper mill This mill can be easily converted into a worsted mill and is so situate that it can be readily enlarged The purchaser will have the right of taking the water wheel stones and machinery at a valuation
Lot 15 - all that close of land called ‘The Bank’ situate near to or adjoining the last lot containing one acre 32 perch now in the occupation of the said Messrs H and John Murgatroyd

IN WARLEY
Lot 16 - all that excellent FARM called Hartley Royd consisting of the farmhouse and three DWELLING HOUSES now in the several occupations of James Bedford, Miss Sim and others, garden, barn, mistle, stable and outbuildings and 10 closes of land commonly called Lower Back Lathe Field, The Royd Top, Orchard, Upper Laithe Field, Annis Hurst, Middle Hurst, Near Hurst, Broom Bank, Pads and Croft and above the house containing together by admeasurement 13 acres 15 perch. The buildings are large and commodious in first rate repair and the land is in excellent condition
Lot 17 - all those two CLOSES now occupied as part of the Hartley Royd estate call the Lower Back Laithe Field and Royd Bottom containing together 5 acres 11 perch and now in the occupation of said James Bedford
Lot 18 - all that farm called Lower Stubbin consisting of the farmhouse and five cottages now in the several occupations of the said James Bedford and others with four closes of land and two plantations commonly called the Little Ing, Lower Stubbin, Far Little Ing, Ellen Holme and the two shroggs and containing together 5 acres 2 rod 8 perch.The whole of the above property in Whalley is copyhold of the Manor of Wakefield and the fine is small certain and compounded for
Lot 19 - all that valuable Mansion House called ‘The Greave’ together with the pleasure grounds, gardens, farm buildings and five closes of land and the plantation adjoining thereto now in the occupation of Mr Hartley Murgatroyd and now commonly called the Meadow, Dick Ing and Pinnial, Near Deep Acre, Far Deep Acre, Lane Top Field and the plantation containing together 16 acres one rod 32 perch And also the two houses and weaving shop situate at or called Croft top now in the occupation of Thomas Greenwood and John Sutcliffe And also all those two cottages and garden situate at or called Pinnial Top now occupied by William Greenwood and the other unoccupied This estate is beautifully situated on the westerly side of Luddenden valley and the land is of first rate character and the house and buildings are in excellent repair and immediate possession could be given
Lot 20 - all those three closes of land part of ‘The Greave’ Estate situate above the road at the back of The Greave called Pinnial Lane and bounded on the top by Thorny Lane and called ‘The Near High Lee’, ‘The Middle High Lee’ and ‘The Far High Lee’ containing in the whole 8 acre 3 rod 36 perch and now in the occupation of Messrs H&J Murgatroyd
Lot 21 - all that well accustomed BEER HOUSE situate at Lane Ends built on part of the Greave Estate now in the occupation of Thomas Horsfall together with the beer house, outbuildings and garden as shown in the plan All the property situated in Midgley is of freehold tenure
Lithographed plans and particulars are in preparation and will be ready for delivery immediately and may then be obtained from the auctioneer, Halifax and Bradford: Mr Child land surveyor, Halifax; The Murgatroyd Arms in Luddenden; The Sun in Bradford; The Paletine Hotel Manchester; and also, together with any further particulars and information of: Messrs Stocks Franklin and Jervis solicitors Halifax 23rd of June 1854

1855 Sale of Cottages

Original courtesy of John Vaul

SUMMARY
Joseph Sutcliffe, shopkeeper is buying property from Hartley and John Murgatroyd for £282 and 10 shillings and is getting a mortgage from Joseph Starkey and George Edwards to help to pay for this.

The house, shop and garden is the area now covered by 76-77 High Street.

The properties being bought are:
1) A newly built house which is in front of the Murgatroyd Arms. This is the house now known as Broad Flags. This building was occupied by James Howarth.
2) The buildings behind The Murgatroyd Arms which contain a house and a shop occupied by Joseph Sutcliffe. Also outbuildings including an out kitchen and a coal shed which were used by The Murgatroyd Arms.
3) A small garden to the south of the house against High Street of about 133 square yards.

It looks like the Murgatroyds’ already have a mortgage on this property with Joseph Starkey (or they owe him money) and this mortgage is being transferred to Joseph Sutcliffe.

The mention of ‘One Thousand Pounds and Interest’ refers I think to the will of Hartley and John’s father which left provision for Judith (their sister) and which Hartley and John must allow for (and in selling the Cornmill Upper Mill this responsibility passed on to The Thompsons)

The new mortgage is secured by Joseph Starkey and George Edwards. The yearly rent payable to the Lord of the Manor is left blank.

Original courtesy of John Vaul

TRANSCRIPT
Wakefield Court Baron of Sackville Lane Fox Esquire Lords of the Manor of Wakefield holden the fifth day of January in the eighteenth year of the reign of our Sovereign Lady By the Grace of God Queen of the Kingdom of Great Britain and Ireland and so forth and in the year of our Lord 1855 Of this Court it was witnessed upon the Oath of William Shipston Gentleman a customary Tenant of the Lord That Joseph Starkey of Woodhouse in the Parish of Huddersfield in the County of York Esquire (Mortgagee of the hereditaments hereinafter described) and Hartley Murgatroyd and John Murgatroyd both of the Greave in Midgley in the Parish of Halifax in the County of York aforesaid Gentleman In consideration of the sum of Two hundred and eighty two pounds ten shillings at or before the lifting and passing of this surrender to the said Joseph Starkey paid by Joseph Sutcliffe of Luddenden in the Parish of Halifax aforesaid Shopkeeper and in pursuance of a covenant contained in a certain Indenture bearing even date herewith and made between the said Joseph Starkey of the first part George Edwards of Halifax in the said County Gentleman ( a second Mortgagee of the hereditaments hereinafter described) of the second part the said Hartley Murgatroyd of the third part and the said Joseph Sutcliffe of the fourth part this present fifth day of January did Surrender into the hands of the Lord of the said Manor by the hands of the said William Shipston according to the custom thereof Firstly All that newly erected Messuage* or Dwellinghouse and conveniences thereto situate In Luddenden aforesaid and in front of the Murgatroyd Arms Inn there and now in the occupation of James Howarth And Secondly all that Messuage Dwellinghouse or Tenement and shop situate in Luddenden aforesaid at the back of the Murgatroyd Arms Inn now in the occupation of the said Joseph Sutcliffe together with the outkitchen and Coal place under the same now used and occupied with the Murgatroyd Arms Inn at Luddenden aforesaid. And also all that plot of ground now used as a garden situate adjoining the street in Luddenden aforesaid as now set out at the Southerly end of the said Messuage or Dwellinghouse having a frontage to the street there of Twelve yards and containing in the whole by recent admeasurement One hundred and thirty three superficial square yards or thereabouts be the same more or less as the same are more particularly delineated and described in the plans of the resale of the said Hartley Murgatroyd and John Murgatroyd as divided into lots and produced at the said sale Together with all the singular Houses Outhouses Buildings yards roads ways Paths passages Waters watercourses walls lights liberties privileges easements and appurtenances whatsoever to the said hereditaments hereinbefore described belonging or appertaining particularly to a right of road way and passage at all times and for all purposes ever and across the piece of vacant ground situate in front of the Messuage or Tenement firstly hereinbefore described to and for the said Joseph Sutcliffe his heirs and assigns and his and their Tenants servants and workmen and the remainder and remainders rent issues and profits thereof And all the estate right title and interest property possession claim and demand whatsoever both at Law and in equity of them the said Joseph Starkey Hartley Murgatroyd and John Murgatroyd in to or out of the said hereditaments and premises To the Use and behoof **of the said Joseph Sutcliffe his heirs and assigns for ever freed and wholly discharged from the several mortgage securities to the said Joseph Starkey and George Edwards described in the hereinbefore mentioned Indenture or Deed of Covenants of even date herewith and from the payment of the Principal monies and interest thereby secured Subject to a certain legacy of one thousand pounds and Interest mentioned and referred to in the said Indenture of even date herewith All which said premises being copyhold are granted unto the said Joseph Sutcliffe To Hold to him his heirs and assigns for ever freed and wholly discharged as aforesaid Subject to a certain legacy of One thousand pounds and interest mentioned and referred in the said indenture To be holden of the Lord of the said Manor by the rent suits and services according to the custom thereof and he giveth to the Lord for a fine for such his admittance as appears in the margin and the said Joseph Sutcliffe by admitted Tenant accordingly his fealty being respited the said premises being of the yearly rent of the Lord of the Manor of *** and compounded for
Examined by me Fred Lumb Deputy Steward

• * Messuage: a dwelling house together with its outbuildings and that adjacent land appropriated to its use

• ** Behoof: advantage or profit

The Purchase of the Cornmill Millpond 1952

In 1952 George and Sarah Lucas bought the Millpond from Stuarts of Sowerby Bridge (this may have been the holding company for Lindley's, the nut and bolt manufacturer).

This document is interesting because it shows how The Cornmill (the millpond being part and parcel of this property) bought by Robert Thompson in the 1850's was left to his wife but on her death all the heirs named in her will had died as had the heirs of her heirs. The mill passed to Robert's next closest relatives, his two sisters Julia Horsfall and Mary Thompson.

SUMMARY OF DOCUMENT
Julia Horsfall (1856-1946) was the daughter of Robert Thompson (1811-1875), who bought the Uppermill (Cornmill) in Luddenden in 1856. This document traces Julia’s inheritance back through to her father’s first involvement with Upper Mill and lists the route by which Julia’s executors were legally authorised to sell the buildings to Stuarts (Sowerby) Ltd.
Robert Thompson had a share in the Cornmill when it was purchased from Hartley and John Murgatroyd in 1856. The other shareholders were Robert’s father George, his brother William Henry and Joseph Starkey. In 1863 Robert bought the share held by William Henry Thompson.
On Robert’s death in 1875, his will left the mill to his Wife Hannah and after her death to their sons Arthur and George in equal share.
Hannah died in 1905, but by then, both her sons had died, Arthur in 1899 and George in 1882.
In Arthur’s will, he named his two sisters Julia and Mary as his benefactors.
George named his son Frederick William and Young Horsfall, the husband of Julia as his beneficiaries. Frederick William died before his father in 1894, the same year Young Horsfall also died.
Frederick William’s will left his estate to his brother Arthur, who as mentioned above died in 1899.
So on the death of Hannah, all the male line had already died, so the girls got the inheritance.
Julia Horsfall and Mary Thompson (Mary was married to her cousin Albert Thompson, the son of William Henry Thompson) became owners of Upper Mill in 1905.
Mary Thompson died in 1931 leaving Julia as the sole owner of the property (because, but this is not mentioned in this document, Mary’s two sons were both killed in WWI).
Julia died in 1946 but did not pass the mill on to her children.

ABSTRACT OF TITLE 1951 of Stuarts (Sowerby) Ltd
The mill was sold to Stuarts (Sowerby) Ltd in 1946 for £1500, their registered office was Upper Mill Luddenden. Was this the parent company of Lindley’s?
The final part of the document states that the reservoir for the mill was sold by Stuarts (Sowerby) Ltd to George and Florence Lucas in 1952. George and Florence were the owners of 76-77 High Street at the time and ran their shop from these premises.

1871 Purchase of Land to build a School

In this document a parcel of Land (part of an area known as Little Carr and part of the Box House Estate) is sold by Robert Thompson (owner of The Cornmill) to the Bishop of Ripon, the land to be used as the site of a School. The cost of the land was £157.
The document lays out the rules by which the school will be run:

• This school is ‘for the education of children and adults or children only of the labouring manufacturing and other poorer classes’
• It will be run according to the principles of ‘the National Society for promoting the education of the poor’ and the principles ‘of the Established Church’
• The Church has the right to use the buildings for a Sunday School and the Bishop or his officiating minister who ‘having the cure of souls in the district…… shall have the superintendence of the religious and moral instruction of all the scholars attending such school’.
• The hiring and firing of Staff will be the responsibility of the Bishop (or his representative) and also of a committee of four people who must live locally and be members of the Church of England. They need to write the following in a book kept at the school:

 ‘I (insert name here) do hereby solemnly and sincerely declare that I am a member of the Church of England and by law established’ 

• One of the four is elected Secretary and must keep minutes of all the meetings.

The first committee is named as:
John Murgatroyd, Worsted spinner and Manufacturer of Oats Royd
Richard Bracken, Paper Maker of Deans Mill
William Aked, Gentleman of Ellen Royd
David Eastwood, Worsted spinner and Manufacturer of Mill House

Each of these will donate a minimum of 20 shillings per year to the school. They also have to choose a replacement Governor in the event of death or resignation of one of the four and the document discusses the procedure to be followed. And there is a section about the resolution of disagreements amongst the committee and bringing in arbitrators including involving the Privy Council to resolve disagreements.

Teachers must also be practicing members of the Church of England and if they change faith will automatically lose their position at the school. Likewise, if any of the Governors are unhappy with the standard of the religious education of the children, then the Teacher can be dismissed.

In May of each year a committee of up to 5 Ladies is formed to help the teachers with ‘the visitation and management of the girls and infant schools’.

The document ends with Robert Thompson saying he will have no claim on the land once it is sold and then it is signed off and sealed (with wax) by Robert Thompson, the Bishop of Ripon and witnessed by the solicitors. As this is a copy of the original document, there is also a paragraph stating that the document has been copied and that this is a faithful transcript of the original, witnessed and signed off by a solicitor.

TRANSCRIPT

Dated 16th November 1871

3577-11
Mr Robert Thompson
to
The Bishop of Ripon

Conveyance of Land at Luddenden near Halifax In the Diocese of Ripon and County of York As a Site for a School.

Copy of Trust Deed
I Robert Thompson of Luddenden in the Parish of Halifax in the County of York Corn Miller under the authority of the Acts of the fifth and eight years of the Reign of Her Majesty for affording facilities for the Conveyance and Endowment of Sites for Schools Do hereby in consideration of One Hundred and forty four pounds to me paid grant and convey unto The Bishop of Ripon and his successors All that plot piece or parcel of Land or Ground as the same is now measured and set out in and intended to be fenced of and from a close of land called Little Carr formerly part of the Box House estate in Midgley in the parish of Halifax aforesaid and which said plot piece or parcel of land all ground is bounded on the westerly side by the road leading from Luddenden Foot to Luddenden and on the other sides thereof by the remainder of the said close and contains in the whole by recent measurement 616 square yards or thereabouts more or less which said premises are delineated in the map drawn in the margin here of and therein defined by a red boundary Together with all casements appurtenances and hereditaments corporeal and incorporeal belonging thereto and all my estate right title and interest in or to the same premises To hold the same unto and to the use of the said Bishop and his successes for the purposes of the said acts and upon trust to permit the said premises and all buildings there on erected or to be erected to be forever hereafter appropriated and used as and for a school for the education of children and adults or children only of the labouring manufacturing and other poorer classes in the chapelry of Luddenden in the parish of Halifax in the Diocese of Ripon and for no other purpose And it is hereby declared that such school shall always be in union with and conducted according to the principles of the furtherance of the ends and designs of the National Society for promoting the Education of the Poor and the principles of the Established Church throughout England and Wales and subject to and in conformity with the Declaration aforesaid such School and premises and the funds and the endowments there of in respect where of no other disposition shall be made by the donor shall be controlled and managed in manner following that is to say the principle officiating Minister for the time being having the cure of souls in the district in which the school is situated shall have the superintendence of the religious and moral instruction of all the scholars attending such school subject to the provisions hereinafter contained I may use or direct the premises to be used for the purposes of a Sunday School under his exclusive control and management but in all of the respects the control and management of such school and premises and of the funds and endowments thereof or the selection appointments and dismissal of the schoolmaster and school mistress and their assistance (except when under the provision hereinafter mentioned the dismissal of any master mistress or assistant shall be awarded by the Bishop of the diocese or the arbitrators as the case may be) shall be vested in and exercised by a Committee consisting of the said principle officiating Minister his licenced Curate or Curates if the Minister shall appoint him or them to be a member or members of the said committee and are four other persons of whom the following shall be first appointed that is to say John Murgatroyd of Oats Royd near Luddenden aforesaid worsted spinner and manufacturer Richard Bracken of Dean mills near Luddenden aforesaid paper maker William Aked of Ellen Royd in Midgley aforesaid Gentleman and David Eastwood of Millhouse in Midgley aforesaid worsted spinner and manufacturer such other persons continuing to be contributors in every year to the amount of 20 shillings each at the least to the friends of the said school and to be members of the Church of England as by law established and either to have a beneficial interest to the extent of a life a state at the least in real property situated in the set chapelry or to be resident therein or in a parish all ecclesiastical district adjoining thereto And any vacancy which shall occur in the number of the said other persons by death resignation incapacity or otherwise shall be filled up by the election of a person or persons qualified as aforesaid who shall be elected by the majority of votes of such of the contributors during the year current at the time of the election to the amount of 10 shillings each and at least to the funds of the said school being members of the said Church of England and qualified as the person to be elected by a residence or estate as shall be present at the meeting duly convened for the purpose of the election or not being present their route shall vote by any paper sent on or before the day of such meeting to the chairman there of and signed by any such contributor wherein shall be named the person or persons whom such contributor shall desire to elect and every contributor qualified to vote shall be entitled at every such election to give one vote in respect of each such sum of 10 shillings but no person shall be entitled to give more than six votes in respect of any sum so contributed Provided that no election as aforesaid shall give or vest any right to or in any lay person to serve upon the committee or any wise to interfere with the management of the school or the funds and endowments thereof until after he shall have in the presence of the chairman at the meeting of the committee made and signed in a book to be kept at the said school a declaration in the manner and form following that is to say

‘I A.B. do hereby solemnly and his sincerely declare that I am a member of the Church of England and by law established’

Provided also that no default of election nor any vacancy appointed or continue to be the master or mistress of the school who shall not be a member of the Church of England and it is further declared that all the provisions of the elementary Education Act 1870 which constitutes a public elementary school shall apply to the school to be constituted onto this deed provided that if the committee of management here in described pass a resolution at a meeting composed of a majority of the managers for the time being to repay any grant made in aid of the establishment of the said school out of the parliamentary grant for education and if the said committee shall accordingly repay that amount to the Lords commissioners of the treasury for the time being the aforesaid declaration whereby this school shall be a public elementary school within the meaning of the elementary Education Act 1870 shall forthwith become void and of no effect on the committee shall annually select one of the members there of to act his secretary who shall keep minutes of the proceedings at the meetings there of in a book to be provided for that purpose an shall give due notice of all extraordinary meetings to each members of the committee and the principle officiating minister of the said chapelry shall be chairman of all meetings of the committee when present there at and at any meetings from which he shall be absent the members attending the same shall appoint one of their number to be the chairman there of and all matters which shall be brought before any meeting shall be decided by a majority of votes of the members attending the same and voting upon the question and if up on any matter there be an equality of votes the chairman shall have a second being the casting vote an in case of any difference shall arise between the minister or curate and the committee of management hearing before mentioned respecting the prayers to be used in the school not being the Sunday school or the religious instruction of the scholars attending the same or any regulation connected therewith or the exclusion of any book the use of which in the school may be objected to on religious grounds all the dismissal of any teacher from the school on account of his or her defects or unsound instruction of the children in religion the minister or curate or any member of the committee may cause a written statement of the matter indifference to be laid before the Bishop of the Diocese within which such school shall be situated a copy there of having been previously communicated to the committee or minister or curate if they or he shall not have been parties or Privy to the making of this statement respectively and the Bishop may enquire concerning and determine the matter indifference and the decision of the Bishop in writing under his hand there on when laid before the committee shall be final and conclusive in the matter and the committee of management for the time being is hereby expressly required to take all such measures as may be necessary for immediately carrying the said decision into complete effect and in case any difference other than and except such difference as last described shall arise in the committee of management the minority there of ( be not fewer than in number then a third of the whole of the committee ) may make request in writing to the Lord President of Her Majesty's most honourable Privy Council for the time being and to the Bishop of the Diocese wherein the said school shall be situated and thereupon the said Lord President may nominate one of the inspectors of schools appointed as aforesaid to be an arbitrator in the matter in difference and the said Bishop may nominate one of the beneficed clergyman of his diocese to be another arbitrator in the same matter and the arbitrators so nominated as aforesaid shall jointly select one of her majesty's justices of the peace being a lay member of the said Church of England as another arbitrator and in case they shall not jointly select such third arbitrator within the space of 30 days next assuming their first meeting your Archbishop of the province within which the said school shall be Situate and the said Lord president may jointly appoint a third arbitrator and the three arbitrators so nominated as aforesaid shall enquire concerning the matter in difference and the award in writing under the hands of the said arbitrators all of any two of them were laid before the committee shall be final and conclusive in the matter and the committee of management for the time being is hereby expressly required to take all such measures as may be necessary for immediately carrying the said award into complete effect and is hereby further declared that if the said Bishop or the said arbitrators upon any such reference as the force said shall director award that any master mistress or teacher in the said school shall be dismissed such direction or award when a copy thereof shall have been served upon the said master mistress or teacher personally or by the same being left at his or her place of abode or at the school aforesaid addressed to the said master mistress or teacher as the case may require shall operate as a dismissal of the said master mistress or teacher thenceforth from having any interest in his or her office or in the said school or premises under all by virtue of this deed an so as to disqualify him or her from holding fence forth any rights or interest under this deed by virtue of his or her previous or any future appointment and the committee may in the month of May in each year select and appoint a committee of not more than 5 ladies being members of the said Church of England to assist then in the visitation and management of the girls and infant schools which ladies committee shall remain in office until the first day of the same month in the following year when such committee may be renewed And I do hereby for myself my heirs executors and administrators covenant with the said Bishop and his successor That notwithstanding any act or default of me I have good right to assure the said premises to the said Bishop and his successors in manner aforesaid and that the said premises shall at all times hereafter be held and enjoyed upon the trusts and in manner aforesaid without interruption from and free from all encumbrances by me or my heirs or any person lawfully claiming under or in trust for me or them and that I and my hairs and all persons claiming under or in trust for me although shall upon every request and at the expense of the said Bishop and his successors make and perfect all such further assurances of the said premises as may be required by him or them for conveying the same to the use of the said Bishop and his successes in manner aforesaid

In witness where of the said Robert Thompson and the said Bishop have here unto set their hands and seals this 16th day of November 1871 signed and sealed by Robert Thompson and the Bishop of Rippon

Signed sealed and delivered by the within named Robert Thompson in the presence of (blank)
sworn Jas Sutcliffe solicitor Hebden Bridge, William H Sutcliffe his clerk

Signed and sealed and delivered by the within named Robert, Lord Bishop of Ripon
Sam Wise, solicitor, Rippon

A memorial was registered at Wakefield the 17th of November 1871 at two in the afternoon in book 661 page 501 number 582 John ???? Deputy Registrar received from the within named Bishop of Rippon the sum of £154 being the consideration money within expressed to be paid by him to me Robert Thompson

witnessed by Jas Sutcliffe William H Sutcliffe

We have this day compared and examined the above written copy conveyance with the original deed and certified the same to be in all respects a true copy thereof as witness our hands the 5th day of April 1906
Albert Eastward
Joseph Boocock
Clerks to Messers Jubb, Booth and Helliwell Solicitors

Original Document
Courtesy of Barney Marsh