Deeds of the Llong Chapel"

Llong Independent Chapel, Mold Road, Llong

29 March 1871

see 85.1 for the title page of the deeds

INDENTURE TEXT

THIS INDENTURE made the twenty ninth day of March One thousand eight hundred and seventy one BETWEEN John Saunders formerly of Buckley in the Parish of Mold in the County of Flint but now of Aberystwyth in the County of Cardigan Jonathan Davies formerly of Penuel in the Parish of Hope in the said County of Flint but now of Abergele in the County of Denbigh Evan Price formerly of Ruthin in the County of Denbigh but now of Rhydymaengwyn in the said County of Cardigan John Myrddin Thomas of Mold in the said County of Flint Henry Rees of Queen's Park in the City of Chester Samuel Evans of Llandegle in the said county of Denbigh John Rowlands of Rhosllanerchrugog in the said County of Denbigh William Theophilus Thomas of Mold aforesaid William Roberts of Everton near Liverpool in the County of Lancaster Richard Mawddwy Jones of Bagillt in the said County of Flint Ministers of the Gospel and Robert Roberts of Tryddyn in the said County of Flint Shopkeeper John Davies of Bistree in the Parish of Mold aforesaid and Robert Jones of Bistree aforesaid Tailor hereinafter called 'the said Mortgagors' of the one part and Thomas Cox Wheatley of Hartsheath in the said County of Flint Butler hereinafter called 'the said mortgagee' of the other part. Whereas by Indenture of Lease bearing date the first day of March one thousand eight hundred and thirty one and duly enrolled in the High Court of Chancery on the tenth day of June one thousand eight hundred and thirty one and made between James Hampson of the one part and the Reverend David Jones William Williams John Saunders Isaac Harris Owen Owens Jonathan Davies Evan Price Thomas Jones John Griffiths Thomas Probert and John Ffoulkes Trustees for the purposes therein expressed of the other part it was witnessed that for the nominal consideration therein mentioned He the said James Hampson granted demised leased and confirmed unto the said parties thereto of the second part their executors administrator and assigns All that piece or parcel of land with the appurtenances hereinafter described and intended to be hereby assigned unto the said parties thereto of the second part their executors administrators and assigns from thenceforth for the term of the Nine hundred and ninety nine years ten next ensuing at the yearly rent of one Pepper Corn if demanded Upon trust that they the said parties thereto of the second part and other the Trustee or Trustees for the time should permit a Chapel or Meeting house to be built on the said piece of ground thereby demised And upon this further trust that the said Trustee or Trustees for the time being when thereunto requested by the major part in number of the subscribers for the time being Members of the said Society therein mentioned and Communicants therein and who should be attending a Meeting duly assembled for that purpose raise such sum or sums of money as should be directed by such subscribers present at such Meeting or the major part of them by a Mortgage of the said trust premises and make any assignment for that purpose and stand possessed of the money which from time to time should be received on any such Mortgage Upon trust to lay out or dispose of the same in such manner for the improvement of the trust property or the enlargement repair or rebuilding of the trust premises as the major part in number of the subscribers being members of the said Society and Communicants therein as aforesaid and present at a Meeting to be called for that purpose in manner thereinafter specified should direct And it was thereby declared and agreed by all the said parties thereto that the person or persons who should take a Mortgage or Mortgages of the said trust premises his her or their heirs executors or administrators should be obliged to see to the application of the money advanced by him her or them respectively as the consideration of such Mortgage or Mortgages nor to be answerable for the misapplication or nonapplication of the same money or any part thereof after the same should have been paid to or the use of the said Trustee or Trustees for the time being under those presents And that every receipt which should be given by the said Trustee or Trustees for the time being for such Mortgage money or any part thereof should be a good valid and sufficient discharge of the sum or sums of money which should be therein expressed to have been received And that every such Mortgage which should be made by the said Trustee or Trustees for the time being pursuant to the Trusts thereinbefore declared should be binding and conclusive on all persons claiming any benefit or interest under the trusts thereinbefore contained And it was directed that when and as often as or at any time after there should be only three acting Trustees of the said Trust Estate the vacancy in the number of Trustees should be supplied by the appointment of so many additional persons being Protestant Dissenters Dissenters by the profession as would upon the number of Thirteen Trustees such appointment to be made by the major part of the subscribers to the said Chapel or Meeting house being members and Communicants as aforesaid who should be present at a meeting convened for that purpose and with the consent and approbation of the surviving or continuing Trustees And that all such Conveyances should be made and executed at the expense of the Trust Estate or the funds of the Congregation attending the said Chapel or Meeting house as should be necessary or deemed advisable for vesting the said Trust premises in the then Acting Trustee or Trustees jointly with such additional Trustees And that of every Meeting for the purposes aforesaid there should be public notice given on the Sunday preceding during the time of Divine Service And that the Meeting should not be held earlier than the Wednesday succeeding such Sunday And no person should be entitled to vote on any of the matters aforesaid unless such person should have been a subscriber to and a Member of the said Society and Communicant therein two calendar months previous to such meeting And that the Trustee or Trustees for the time being should be entitled to deduct and retain all the costs charges and expenses of and attending the execution of the Trusts reposed or the be reposed in him or them under or by virtue of those present And Whereas a chapel or meeting house called Llong Chapel has been erected upon the said piece or parcel of land as contemplated by the lastly recited Indenture of Lease And Whereas the said John Saunders Jonathan Davies and Evan Price are the sole survivors of the said trustees named in the said Indenture of lease of the first day of march one thousand eight hundred and thirty one And Whereas by a memorandum of the choice and appointment of new Trustees of the said Chapel called 'Llong Chapel' situated at Llong in the Parish of Mold in the County of Flint at a Meeting duly convened and held for that purpose in the said Chapel on the fifteenth day of September One thousand eight hundred and seventy signed by Thomas Williams Chairman the said John Saunders Jonathan Davies and Evan Price were declared to be the old continuing Trustees and the said John Myrddin Thomas Henry Rees Samuel Evans John Rowlands William Theophilus Thomas William Roberts Richard Mawddwy Jones Robert Roberts John Davies and Robert Jones the new Trustees then chosen and appointed of the aforesaid Chapel or Meeting house and in whom the same then became legally vested And Whereas the said Mortgagors have been requested by the major part in number of the subscribers for the time being members of the said Society and Communicants therein and who attended a Meeting duly assembled at on the day of for that purpose to raise the sum of Fifty pounds on Mortgage of the said trust premises hereinafter particularly described And Whereas the said mortgagee at the request of the said Mortgagors the sum of Fifty pounds upon having the repayment thereof with interest as hereinafter mentioned secured in manner hereinafter appearing Now this Indenture Witnesseth that in pursuance of the said agreement and in consideration of Fifty Pounds to the said Mortgagors this day paid by the said Mortagee (the receipt whereof the said Mortgagor do hereby acknowledge) they the said Mortgagors do hereby for themselves their heirs executors or administrators will pay to the said Mortgagors their heirs executors administrators or assigns the sum of Fifty pounds with interest for the same in the meantime a the rate of Five pounds ten shillings per centum per annum on the twenty ninth day of September next without any deduction And this Indenture also Witnesseth that for the consideration aforesaid they the said Mortgagors do hereby demise unto the said Mortgagee his heirs and assigns till that piece or parcel of land situate in the Township of Bistree in the Parish of Mold in the County of Flint containing from East to West at the North and South ends thereof Ten yards and from north to South at the East and West sides thereof Fourteen yards being part and parcel of a field commonly called or benown by the name of Erw-Issa or Lower Croft and moreso particularly described in the plan drawn in the margins of the said Indenture of Lease of the first day of March One thousand eight hundred and thirty one Together with the Chapel or Meeting house commonly called the Llong Chapel and buildings thereon erected And all necessary ways paths passages lights easements watercourses advantages rights members and appurtenances to the said premises belonging to hold the said premises unto the said Mortgagee his executors administrators and assigns for the residue of the said term of Nine hundred and ninety nine years except the last day thereof Provided always that if the said Mortgagors their heirs executors administrators or assigns the said sum of Fifty pounds ten shillings per centum per annum on the said twenty ninth day of September next without any deduction then the said Mortgagee his executors administrators or assigns will at any time thereafter upon the request and at the cost of the said Mortgagors or assigns and the said Mortgagors do hereby for themselves their heirs executors and administrators covenant with the said Mortgagee his executors and administrators that if the said sum of Fifty pounds or any part thereof shall remain unpaid after the said twenty ninth day of September next they the said Mortgagors their heirs executors or administrators will so long as the same sum or any part thereof shall remain unpaid to the Mortgagee his executors administrators or assigns interest for the said sum of Fifty pounds or for so much thereof as shall for the time being remain unpaid at the rate of Five pounds ten shillings per centum per annum by equal half yearly payments on the twenty ninth day of September and the twenty ninth day of March without any deduction bind the said Mortagors do hereby for themselves their heirs executors and administrators covenant with the said Mortgagors their executors administrators or assigns will so long as any money shall remain on this present security keep all the said Messuages and buildings insured against loss or damage by fire in the sum of One hundred and fifty pounds at the least and will pay all premiums and sums of money necessary for such purpose on the first day on which the same respectively ought to be paid and will on demand produce to the said Mortagagee his executors administrators and assigns the policy or policies of such insurance and the receipt for every such payment And also that if default shall be made in keeping the said premises so insured it shall be lawful for the said Mortgagee his executors administrators and assigns out of his or their own monies to insure and keep insured the said premises in any sum exceeding One hundred and fifty pounds and that the said Mortgagors their executors administrators or assigns will repay to the said Mortgagee his executors administrators or assigns all monies expended for that purpose by him or them with interest thereon at the rate aforesaid for the time of the same respectively having been advanced or paid and that until such repayment the same shall be a charge upon the said premises hereinbefore expressed to be hereby demised and it is hereby declared that the said Mortgagee his executors administrators or assigns may at any time or times after the said twenty ninth day of September next without any further consent on the part of the said Mortagors their executors administrators or assigns sell the said premises or any part thereof together or in parcels and either by public auction or private contract and may execute and so all such assurances and things for effectuating any such sale as he or they shall think fit and that after any such sale the said Mortgagors their executors administrators and assigns shall stand possessed of the said last day of the said term of nine hundred and ninety nine years in the premises sold upon trust for the purchase thereof Provided always and it is hereby declared that the Mortgagee his executors administrators or assigns shall not execute the power of sale hereinbefore contained until he or they shall have previously given or left on the said premises a notice in writing to the said Morgagors their executors or administrators to pay off the monies for the time being owing on the security of these presents and default shall have been made in such payment for six calendar months after giving or leaving such notice or until the whole or part of some half yearly payment of interest shall have become in arrear for three calendar months Provided also that upon any sale purporting to be made in pursuance of the aforesaid power no purchaser shall be bound to inquire whether either of the cases mentioned in the clause lastly hereinbefore contained has happened nor whether any money remains upon the security of these presents nor as to the propriety or regularity of such sale and notwithstanding any impropriety or irregularity whatsoever in any such sale the same shall as regards a purchaser be deemed to be within the aforesaid power and be valid accordingly and it is hereby declared that the receipt of the said Mortgagee his executors administrators or assigns for the purchase monies of the premises sold or any part thereof shall effectually discharge the purchaser or purchasers therefrom and from being concerned to see to the application thereof and that the said Morgagee his executors administrators and assigns shall out of the monies arising from any sale in pursuance of the aforesaid power in the first place pay the expenses incurred in such sale or otherwise in relation to the premises And in the next place apply such monies in or towards satisfaction of the monies for the time being owning on the security of these presents And then pay the surplus (if any) of the monies to arise from such sale to the said Mortgagors their executors administrators or assigns And that the aforesaid power of sale and other powers may be exercised by any person of persons for the time being entitled to receive and give a discharge for the monies then owing on the security of these presents Provided always that the said Mortgagee his executors administrators or assigns shall not be answerable for any involuntary losses which may happen in the exercise of the aforesaid power and trusts or any of them and each of them the said Mortgagors so far as relates to his own acts doth thereby for himself his executors and administrators covenant with the said Mortgagee his executors administrators and assigns that they the said Mortgagors respectively have not done or knowingly suffered or been party or privy to anything whereby the said premises or any part thereof are is or can be impeached incumbered or affected in title or otherwise And that the rent by the lessee and conditions therein contained have been paid performed and observed up to the date of these presents and that they the said Mortgagors their executors administrators or assigns will so long as any principal money or interest shall remain on these presents pay perform and observe the rents covenants by the lessee and conditions in the hereinbefore recited lease reserved and contained And will at all times keep the said Mortgagee his heirs executors and administrators and assigns indemnified against all actions suits expenses and claims on account of the non-payment of the said rent or any part thereof or the breach of the said covenants and conditions or any of them In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first before written

Signed Sealed and Delivered by the within named John Saunders in the presence of Signed Sealed and Delivered by the within named Jonathan Davis in the presence of

Signed Sealed and Delivered by the within named Evan Price in the presence of Joshua Jones

Signed Sealed and Delivered by the within named Henry Rees in the presence of Mrs Taylor W.Chester

Signed Sealed and Delivered by the within named Samuel Evans in the presence of Thomas Evans

Signed Sealed and Delivered by the within named Joseph Rowlands in the presence of

Signed Sealed and Delivered by the within named William Theophilus Thomas in the presence of

Signed Sealed and Delivered by the within named William Roberts in the presence of

J.Williams

Signed Sealed and Delivered by the within named Richard Mawddwy Jones in the presence of David Evans

Signed Sealed and Delivered by the within named Robert Roberts in the presence of John Roberts

Signed Sealed and Delivered by the within named John Davies in the presence of Edward Hughes

Signed Sealed and Delivered by the within named Robert Jones in the presence of Thomas Jones

Signed Sealed and Delivered by the within named Thomas Cox Wheatley in the presence of Clerk with Messrs Kelly Keene and Roper Solicitors Mold

Received the day and year first within written of and from the within named Thomas Cox Wheatley the sum of Fifty Pounds being the consideration within mentioned to be paid by him to us as Witness our hands

Witness to the signature of John Saunders Jonathan Davies Evan Price Josiah Jones John Myrddyn Thomas Thomas Lloyd Henry Rees John Lewis Samuel Evans Thomas Evans Jon Rowlands William Theophilus Thomas William Roberts R. H. Jones Richard Mawddwy Jones John Roberts Robert Roberts Thomas Williams John Davies Thomas Jones Robert Jones Thomas Jones

Whilst this Mortgagee was being in course of execution by the mortgagors The Reverends John Saunders and Jonathan Davies died

Given under my hand this fifteenth day of August one thousand eight hundred and seventy one. W. T.Thomas one of the Mortgagors

(note Written in pencil on this page: ? and davies both died at the latter end of July or beginning of August 1871)

1982 Feb 15 (?) Received from the trustees named within this Deed the sum of Fifty Pounds being the Principal due to me under this mortgage and also the sum of One pound seven shillings and sixpence being the half years interest due on the twenty ninth of March next by which receipt I discharge the said Trustees from any further liability and I undertake to execute a reconveyance if ever called upon to do so by the said Trustees

Signed Thomas Wheatley

Witness

Thos. Ollive (?)

Clerk with Messrs Kelly Keene and Roper Solicitors Mold

Author: Llong Independent Chapel

Deeds of the Llong Chapel"

Llong Independent Chapel, Mold Road, Llong

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