Indenture

19 July 1878

By indenture of this date between the Revd Alexander Henry Bridges of Beddington House in the County of Surrey Clerk in Holy Orders Rector of Beddington and Canon of Winchester of the one part and Augustus William Gadesden of Ewell Castle in the said County of Surrey esq. Of the other part

Reciting under and by virtue of an order of exchange under the hand and seal of the enclosure commissioners of England and Wales dated the 18 July 1878 pieces and parcels of land and hereditaments shown in the plan drawn in the margin thereof and thereon coloured green which were recently the property of the said A W Gadesden being portions of two farms called respectively Ruxley Farm and Fitznells Farm to the remainder whereof the said A W Gadesden still remains entitled for an estate in fee simple in possession free from unemcumbrances were awarded to and become vested in the said A H Bridges his heirs and assignees for a like estate in fee simple and by the same order of exchange the pieces or parcels of land and hereditaments drawn in the said plan and thereon coloured red which were recently the property of the said A H Bridges being portions of an estate called The Ewell Mills Estate to the remainder whereof the said A H Bridges still remains for a like estate in fee simple were awarded to and became vested in the said A W Gadesden his heirs and assignees for a like estate in fee simple

And Reciting upon the treaty for the said exchange it was agreed and between the said A H Bridges and A W Gadesden that the said A H Bridges should make and maintain the boundary fence thereinafter mentioned and enter into the covenant thereinafter contained that the said A W Gadesden should also mutually release the rights thereinafter mentioned.

It was witnessed that in pursuance of the said agreement in this behalf and in consideration of the premises he the said AH bridges thereby for himself his heirs executors And [ads] covenanted with the said AW Gadesden his heirs and assignees that he the said AH Bridges his heirs executors [ads] and assignees or other the owners for the time being of the said Ewell Mills Estate would at his own cost and expense and on his own estate forthwith make and forever thereafter maintain a good and sufficient boundary fence in accordance with the section of the same delineated on the said plan between the said Ewell Mills Estate and the said farms called Ruxley Farm and Fitznells Farms such fence consisting of a ditch 3 feet wide and 2 feet deep also a quick set? Hedge planted on a bank at least 2 feet above the present surface of the ground and having a ditch at each side thereof in the position indicated on the said plan such quick set hedge being protected by posts and rails until the same is properly grown reserving the right to substitute any other equally substantial and ornamental fence on the boundary line of the tow estates and also that he the said AH bridges is heirs and assignees will from time to time and at all times hereafter maintain on and under the land coloured green on the said plan and the adjoining lands lying between the said land coloured green and the old the old bed of the river the necessary culverts channels and drains for securing the free passage and running of water from the said farms called Ruxley farm and Fitznells farm to the said old bed of the river in a free and uninterrupted manor reserving the right to divert the whole or any part of the same or to alter them from covered to open courses or from open to covered courses provided the free passage of water is not thereby prejudiced or affected.

And it was also witnessed that in further pursuance of the said agreement in that behalf and in consideration of the premises he the said A H Bridges did thereby for ever give up abandon and release into unto the said A W Gadesden his heirs and assignees all rights of way of a private nature which he or others the owners or occupiers of his said estate might have theretofore enjoyed over the aforesaid farms and lands of the said A W Gadesden and he the said A W Gadesden did in a like manner give up abandon and release unto the said A H Bridges his heirs and assignees all rights of way of a private nature which he or other the owners of occupiers of his said farms and lands might have theretofore enjoyed over the said estate of the said A H Bridges.

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