Arborfield
Local History Society

 The Mill - Deed of Arrangement

Following a dispute between The Hargreaves family and Alfred Towgood, a Deed of Arrangement was drawn up for the running of the Paper Mill.

The Deed of Arrangement

The Deed is all in one sentence, but it has been sub-divided for easier reading:

ARBORFIELD MILL

DEED OF ARRANGEMENT

14th FEBRUARY 1861

Francis Alexander Hamilton
Stewart Henry Brown
Thomas Walton Stead
to
Alfred Towgood Esq.

This Indenture made the fourteenth day of February, one thousand eight hundred and sixty one between Francis Alexander Hamilton of Liverpool in the county of Lancaster Esquire Stewart Henry Brown of Liverpool aforesaid Merchant and Thomas Walton Stead of Liverpool aforesaid Accountant of the one part and Alfred Towgood of Riversfield near Saint Neots in the county of Huntingdon Paper Manufacturer of the other part

Whereas by an Indenture of Lease bearing date the twentieth day of January One thousand eight hundred and sixty and made or expressed to be made between the said Francis Alexander Hamilton Stewart Henry Brown and Thomas Walton Stead of the one part and the said Alfred Towgood of the other part

All that Paper Mill including the Main Water situate on the River Loddon in the Parish of Arborfield in the County of Berks Together with the Tumbling bay banks locks and flood gates thereunto belonging and the dwellinghouse contiguous thereto with the cottage greenhouse gardens stables and outbuildings

And also the field commonly known as Mill Mead and all other the hereditaments and premises therein the tenure or occupation of the said Alfred Towgood under an Agreement for a term which expired on the sixth day of April then next Save and except the Grove and the Eyotts

And all the rights liberties privileges and appurtenances to the said Paper Mill Messuage and premises belonging or in anywise appertaining or therewith held or enjoyed with the full and free use of the Water in the said River Loddon for the purpose of working the said Mill Except and always reserved out of the now reciting demise the right of the said Francis Alexander Hamilton Stewart Henry Brown and Thomas Walton Stead and of the occupier for the time being of Arborfield Hall to take Water from the River for the supply of the said Hall and the stables gardens farmyard and grounds thereto belonging and with full and exclusive right and liberty for the said Francis Alexander Hamilton Stewart Henry Brown and Thomas Walton Stead their heirs and assigns and the Occupier of the said Hall for the time being and their friends companions and servants at all seasonable times in the year to fish in the said River except in that part whereof which runs between the said Mill and the end of the Garden thereby demised and let to the said Alfred Towgood in which last mentioned portion of the said River the said Alfred Towgood his executors administrators or assigns and his and their friends and companions and servants were to have the exclusive right of fishing were demised by the said Francis Alexander Hamilton Stewart Henry Brown and Thomas Walton Stead unto the said Alfred Towgood his executors administrators and assigns from the sixth day of April then next ensuing for the term of twenty one years (determinable as therein mentioned) at the yearly rent of Two hundred and ten pounds and under and subject to the covenants provisos and agreements therein contained and on the part of the said Alfred Towgood his executors administrators and assigns to be observed and performed

And whereas a Map or Plan of the said Mill and premises shewing the situation and other particulars of the buildings thereon before and since the alterations and additions hereinafter mentioned were commenced is drawn upon the back of the second skin of these Presents

And whereas since the date and execution of the said Indenture of Lease the said Alfred Towgood without the knowledge or permission of the said Francis Alexander Hamilton Stewart Henry Brown and Thomas Walton Stead or any or either of them commenced the erection of a Steam Engine in the said Mill and also the erection of a brick Chimney 45 feet high upon a piece of ground near the Rope House which had not been built upon before and certain other alterations and additions in and to the said Mill and premises

And whereas the said Francis Alexander Hamilton Stewart Henry Brown and Thomas Walton Stead objected to the erection of the said Steam Engine and Chimney upon the Ground that the same would entirely alter the nature of the said Mill and Property and be a nuisance and annoyance to the occupier for the time being of Arborfield Hall aforesaid and as the said Alfred Towgood insisted upon his alleged right to make the said alterations and additions in and to the said Mill and Property the said Francis Alexander Hamilton Stewart Henry Brown and Thomas Walton Stead on the eighteenth day of September one thousand eight hundred and sixty filed a Bill in the High Court of Chancery against the said Alfred Towgood praying that he might be restrained by the Order and Injunction of the said Court from erecting or proceeding with the erection of the said Steam Engine and Chimney and from making any alterations or additions in or to the said Mill and Premises without the permission of the said Francis Alexander Hamilton Stewart Henry Brown and Thomas Walton Stead which would have the effect of altering the nature thereof or be a nuisance or annoyance to the occupier for the time being of Arborfield Hall aforesaid

And also praying that the said Alfred Towgood might be decreed to restore the said Mill and Premises to the condition in which the same were before he commenced making the aforesaid alterations and additions therein or thereto

And for other relief And whereas since the institution of the said suit it has been arranged and agreed between and by the parties thereto and to these Presents that the alterations and additions in and to the said Mill and Premises specified in the Schedule hereunder written or hereunto annexed shall be completed and permitted to remain during the continuance of the demise granted by the said recited Indenture of Lease

And that the proceedings in the said suit shall be stayed upon the terms and conditions hereinafter mentioned Now THIS INDENTURE WITNESSETH that in pursuance of the said Agreement and in consideration of the covenants hereinafter contained on the part of the said Alfred Towgood

They the said Francis Alexander Hamilton Stewart Henry Brown and Thomas Walton Stead DO and each of them DOTH by these Presents give and grant unto the said Alfred Towgood his executors administrators and assigns license and permission to make complete and maintain the alterations and additions in and to said Mill and Premises specified in the Schedule hereunder written or hereunto annexed AND THIS INDENTURE ALSO WITNESSETH that in further pursuance of the said recited Agreement in this behalf and in consideration of the aforesaid license and permission on the part of Francis Alexander Hamilton Stewart Henry Brown and Thomas Walton Stead and of the staying of the terms hereinafter mentioned

HE the said Alfred Towgood DOTH hereby for himself his heirs executors administrators assigns covenant with the said Francis Alexander Hamilton Stewart Henry Brown and Thomas Walton Stead their heirs and assigns that he the said Alfred Towgood his executors administrators and assigns shall not nor will increase the Steam Power mentioned in the said Schedule hereto and hereby authorised to be introduced into the said Mill without the consent in writing of the said Francis Alexander Hamilton Stewart Henry Brown and Thomas Walton Stead their heirs or assigns for that purpose first had and obtained

And that he the said Alfred Towgood his executors administrators and assigns shall and will only use the said Steam power as an auxiliary power for working the Engines and Machinery at present in the said Mill or any Engines and Machinery of the same power to be substituted in the place thereof which substitution the said Alfred Towgood is hereby authorized from time to time during the continuance of the said term to make in times of flood or drought so as to work the said Mill regularly and that he the said Alfred Towgood his executors administrators and assigns shall not nor will at any time hereafter without consent in writing of the said Francis Alexander Hamilton Stewart Henry Brown and Thomas Walton Stead their heirs or assigns for that purpose first had and obtained make any further alterations or additions in or to the said Mill and Premises or any part thereof or to the Machinery therein respectively except those specified in the said Schedule hereto

And such other alterations in the Machinery at present in the said Mill or any such substituted Machinery as aforesaid as may be necessary without increasing the power of the said Mill or the actual amount of the Machinery at present therein to secure the proper and efficient working thereof with the alterations and additions therein and thereto hereinbefore authorized to be made completed and maintained

AND FURTHER that the said Alfred Towgood his executors administrators and assigns shall and will in using the Chimney mentioned in the said Schedule hereto either consume or cause to be consumed the smoke thereof or burn or cause to be burnt Welsh coal or coke or other smokeless Fuel so that the smoke from the said Chimney shall not in any manner be a nuisance to the occupier for the time being of Arborfield Hall aforesaid

AND THIS INDENTURE ALSO WITNESSETH that in consideration of the premises IT IS HEREBY AGREED between and by the parties to this Presents that all further proceedings in the said suit in Chancery shall be stayed that the said Bill therein shall be dismissed without costs And that the parties to the said suit shall each bear their own costs thereof and these Presents PROVIDED ALWAYS AND IT IS EXPRESSLY AGREED AND DECLARED by and between the said parties hereto that nothing herein contained shall extend or be construed to extend to prevent the said Alfred Towgood his executors administrators or assigns from removing or otherwise dealing with the said Steam Engines hereinbefore referred to in the same manner as is provided for the removal or disposal of the Machinery mentioned in the said recited Indenture of Lease

IN WITNESS whereof the said parties to these Presents have hereto set their hands and seals the day and year first above written


THE SCHEDULE REFERRED TO

1. The roof of the Rope store which has been raised about ten feet higher than it was at the date of the above mentioned Indenture of Lease to remain in its altered state
2. A twenty horse power double cylinder condensing Steam Engine to be erected for the purpose of driving the Machinery which the large Water Wheel now drives
3. A five horse power condensing engine to be erected for the purpose of driving the Paper Making Machine
4. A twenty horse power boiler to be erected which is to supply both Steam Engines with Steam
5. The Brick Engine Chimney about 45 feet in height which has been erected by the Rope House Door to remain
6. The Coal Store at the north east corner of the Mill to be brought out so as to be level with the east Wall of the said Mill

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