This Indenture of three parts made the twelfth day of October in the thirty seventh year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain Ffrance and Ireland King Defender of the Faith and so-forth and in the year of our Lord One thousand seven hundred and ninety seven Between John Boyes of Anlaby in the County of the town of Kingston upon Hull merchant : Joseph Eggington Esquire : Simon Horner the younger merchant : Benjamin Metcalf esquire : George Jackson builder : all of the said town, Anthony Atkinson of Cottingham in the County of York merchant : John Todd of the parish of Sculcoates otherwise Scowscotts in the said County of York ironfounder : and Thomas Riddell of the parish of Sculcoates otherwise Scowscotts aforesaid builder (which said John Boyes, Joseph Eggington, Simon Horner, Benjamin Metcalf, George Jackson, Anthony Atkinson, John Todd, and Thomas Riddell are the surviving trustees nominated in a certain Act of Parliament passed in the thirty fifth year of the reign of his present Majesty Initialed “An Act for the laying out and making of a new street from Whitefriargate to the south end of Quay Street within the town and county of the town of Kingston upon Hull ) of the first part, Aistroppe Stovin of the said town of Kingston upon Hull gentleman of the second part : and Samuel Martin of the said town of Kingston upon Hull gentleman of the third part, Whereas by indentures of Lease and Release bearing the date respectively on or about the seventh and eighth days of May One thousand seven hundred and ninety six made between John Picard of the Town of Kingston upon Hull in the County of the same town gentleman : John Kirby Picard of the aforesaid town gentleman : Joseoh Outram of the said town esquire Joseph Smith esquire a Lieutenant in the East Riding of Yorkshire Militia and Reverend James Bolton of Stockton upon Tees in the County of Durham clerk and Elizabeth his wife of the one part : and the said John Boyes, Joseph Eggington, Simon Horner, Benjamin Metcalf, George Jackson, Anthony Atkinson, John Todd, and Thomas Riddell aforesaid of the other part : The Lot or piece or parcel of ground hereinafter described and mentioned to be hereby granted and released Was (amongst other hereditaments of which it was part or parcel and from which it hath been separated and divided into a building Lot ) conveyed unto and to the use of the said John Boyes, Joseph Eggington, Simon Horner, Benjamin Metcalf, George Jackson, Anthony Atkinson, John Todd, and Thomas Riddell and their heirs upon such trusts and for such intents and purposes as a Majority in number of the several persons willing and desirous to lay out and make a new street from Whitefriargate to the South end of Quay Street aforesaid by virtue of the said Act of Parliament passed in the thirty fifth year of the reign of his present Majesty should be any Deed or Instrument in writing under their respective Hands and seals direct or appoint But it was in the said Indenture of Release provided that it should and might be lawful and for the said John Boyes, Joseph Eggington, Simon Horner, Benjamin Metcalf, George Jackson, Anthony Atkinson, John Todd, and Thomas Riddell or any five of them absolutely do sell and convey ( on such terms as should be approved by a General Meeting of the Subscribers or persons willing and desirous to make the said intended new street ) either by Public Sale or Private Contract or in parcels and at one or at several times all or any part of the hereditaments and premises in the said Indentures mentioned or the scite or scites thereof ( except such part or parts thereof as should be requisite and necessary for making the said intended new Street or Highway ) unto any person or persons whomsoever for such price or prices in money as could fairly and reasonably by obtained for the same and upon payment of the money arising by sale of the said premises or any part or parts thereof to give and sign a Receipt or receipts for the money for which the same should be sold, which Receipt or Receipts should be a sufficient discharge or discharges to any purchaser or purchasers for the purchase money for which the same should be sold or for so much thereof as in such Receipt or Receipts should be acknowledged or expressed to be received and such purchaser or purchasers for his her or their heirs executors administrators and assigns should not afterwards be answerable or accountable for any loss misapplication or nonapplication of such purchase money And Whereas the lot or piece or parcel of ground hereinafter granted and released was together with other ground adjoining the said new street advertised in both the Hull newspapers and by hand bills to be sold by Auction by Mr. William Bell in lots at the house of Mrs. Mary Johnson in Whitefriargate on the twenty fourth day of August one thousand seven hundred and ninety six ( being the terms approved of by a General Meeting of the Subscribers or persons who were willing and desirous to make the said new Street ) and were accordingly put up to sale by Auction by the said William Bell and the said Samuel Martin was the highest bidder for and purchaser of the lot of ground hereinafter granted and released and which is numbered seventeen in the ground plan thereof at or for the price or sum of two pounds and three shillings and six pence per square yard And Whereas by a Deed Poll or Insrument in writing bearing date on or about the seventeeth day of August last under the hands and seals of Sirr Henry Etherington Baronet and several other persons being a majority in number of the severl persons who were willing and desirous to make the said new street from Whitefriargate to the South end of Quay Street aforesaid They the said Sir Henry Etherington and the said several other persons in persuance of the power and authority given or reserved to or vested in then in and by the said Act of Parliament and the said rescited Indenture of Release and by virtue of all other powers did direct and appoint that the said John Boyes, Joseph Eggington, Simon Horner, Benjamin Metcalf, George Jackson, Anthony Atkinson, John Todd, and Thomas Riddell and their heirs should stand seized of ALL and every the messuages tenaments buildings yards gardens grounds and hereiditaments whatsoever which had been conveyed unto and to the use of them and their heirs upon the trusts and in manner aforesaid And of the scites and scites of the said messuages tenaments buildings yards gardens grounds and hereditaments ( expept such part or parts thereof as were requisite and necessary for the making of the said new Street or Highway and which is now formed or laid out and called or known by the name of Paliament Street ) with their apurtenances UPON TRUST to convey the same several hereditaments and premises to the several and respective persons who were the highest bidders for or purchasers thereof at an Auction Sale which was at the house of the aforesaid Mary Johnson on Whitefriargate aforesaid on Wednesday the said twenty fourth day of August one thousand seven hundred and ninety six and to the heis and assigns of such respective persons or otherwise as they should respectively direct or appoint in such lots or peices or parcels as the pemises were sold or intended to be sold and according to and in performance of the conditions of sale thereof on the part of the vendors Now this Indenture Witnesseth that for and in consideration of the sum of two hunderd and fifty pounds fourteen shillings and eleven pence of lawful money of Great Britain to the said John Boyes, Joseph Eggington, Simon Horner, Benjamin Metcalf, George Jackson, Anthony Atkinson, John Todd, and Thomas Riddell by the said Samuel Martin in hand well and truly paid at or before the sealing and delivery of these presents the receipt of which said sum of two hundred and fifty pounds fourteen shillings and eleven pence ( being the gross amount of the price which the said Samuel Martin bid at the said Sale as aforesaid together with six calendar months interest for such purchase money ( exept for twenty three pounds and sixteen shillings thereof which was paid as a deposit at the time of making the said purchase for the amount of such price and seven guineas for the foundation walls and drains and in full for the absolute purchase of the lot or peice or parcel of ground and //page break//hereditaments hereinafter granted and Released ) they the said John Boyes, Joseph Eggington, Simon Horner, Benjamin Metcalf, George Jackson, Anthony Atkinson, John Todd, and Thomas Riddell do and each and every of them doth hereby acknowledge and from the same and every part thereof do and each and every of them doth aquit release and discharge the said Samuel Martin his heirs executors adminstrators and assigns and every of them forever by these presents They the said John Boyes, Joseph Eggington, Simon Horner, Benjamin Metcalf, George Jackson, Anthony Atkinson, John Todd, and Thomas Riddell have and each and every of them hath Granted Bargained Sold Aliened Released and Confirmed and by these presents DO and each and every of them DOTH grant bargain sell alien release and confirm unto the said Samuel Martin ( in his actual possession now being by virtue of a Bargain and Sale to him thereof made by the said John Boyes, Joseph Eggington, Simon Horner, Benjamin Metcalf, George Jackson, Anthony Atkinson, John Todd, and Thomas Riddell in consideration of five shillings paid to each of them be Indenture bearing date the day next before the day of the date of these presents for the term of one whole year and by force of the Statute made for transferring uses into possession ) and his heirs All that lot or piece or parcel of ground situate and being on the East side of the said new Street lately made from Whitefriargate to the south end of Quay Street in the town of Kingston upon Hull aforesaid now called or known by the name of Parliament Street, which said lot or piece or parcel of ground is numbered seventeen in the ground plan of the lots of ground adjoining the said new Street produced at the said Sale and contains one hundred and nine square yards and four feet more or less and adjoins on a lot of ground purchased or agreed to be purchased by Mr. Simon Horner on or towards the North : on another lot of ground purchased or agreed to be purchased by Mr. George Jackson on or towards the South : and on a garden ground and premises of Messrs. Picard and others on or towards the East Together with all and singular walls party walls ( particularly the use of the party wall on the East end of the said premises hereby granted and released ) ways paths passages waters watercourses rights members privilages and appurtenances whasoever to the said lot or piece or parcel of ground hereditaments and premises or any part thereof belonging or in anywise appertaining or accepted reputed deemed taken or known as part parcel or member thereof or of any part thereof And the Reversion and Reversions Remainder and Remainders yearly and other rents issues and profits thereof and every part thereof And also All the Estate Right Title Interest Use Trust Property Claim and Demand whatsoever both at Law and in Equity of them the said John Boyes, Joseph Eggington, Simon Horner, Benjamin Metcalf, George Jackson, Anthony Atkinson, John Todd, and Thomas Riddell and each and every of them of in and to the said lot or piece or parcel of ground hereditaments and premises and every part and parcel thereof To have and To hold the said lot or piece or parcel of ground hereditaments and all and singular other the premises hereby granted and released and mentioned or intended so to be with the appurtenances unto the said Samuel Martin his heirs and assigns To the only proper use and behoof of the said Samuel Martin his heirs and assigns forever And the said John Boyes for himself his heirs executors and administrators and the said, Joseph Eggington for himself his heirs executors and administrators and the said, Simon Horner for himself his heirs executors and administrators and the said, Benjamin Metcalf for himself his heirs executors and administrators and the said, George Jackson for himself his heirs executors and administrators and the said, Anthony Atkinson for himself his heirs executors and administrators and the said, John Todd for himself his heirs executors and administrators and the said, and Thomas Riddell for himself his heirs executors and administrators do severally and not jointly or the one for the other of them covenant and declare with and to the said Samuel Martin his heirs and assigns by these presents that they the said John Boyes, Joseph Eggington, Simon Horner, Benjamin Metcalf, George Jackson, Anthony Atkinson, John Todd, and Thomas Riddell have not at any time heretofore made done committed or executed or knowingly or willingly permitted or suffered any act deed matter or thing whatsoever whereby or by reason or means whereof the lot or piece or parcel of ground hereditaments and premises hereby granted and released or mentioned or intended so to be or any part or parcel thereof are is can shall or may be impeached charged or incumbered in Title Charge Estate or otherwise howsoever And Whereas the said Aistroppe Stovin lately purchased of the said John Boyes, Joseph Eggington, Simon Horner, Benjamin Metcalf, George Jackson, Anthony Atkinson, John Todd, and Thomas Riddell a certain lot or piece or parcel of ground and hereditaments in Parliament Street aforesaid of greater value than the said piece or pacel of ground hereditaments and premises mentioned or intended to be hereby granted and released And Whereas the said herinbefore recited Indentures of Lease and Release of the seventh and eighth days of May one thousand seven hundred and ninety six not only relate to the said lot or piece or parcel of ground hereditaments and premises purchased by the said Aistroppe Stovin as aforesaid but also to the said lot piece or parcel of ground hereditaments and premises mentioned and intended to be hereby granted and released which said Indentures have been delivered to the said Aistroppe Stovin who hath agreed to produce the same in manner hereinafter mentioned Now this Indenture further Witnesseth and the said Aistroppe Stovin in pursuance of the said agreement and for the better manifestation maintenace and defence of the Right and Title of the said Samuel Martin of in and to the said lot or piece or pacel of ground hereditaments and premises hereby granted and released aforesaid doth for himself his heirs executors administrators covenant promise and agree to and with the said Samuel Martin his heirs executors administrators and assigns that he the aid Aistroppe Stovin his heirs executors administrators and assigns shall and will from time to time and at all times hereafter ass occasion shall require upon the reasonable request and at the costs and charges of the said Samuel Martin his heirs executors administrators or assigns produce and shew forth or cause to be produced and shewn forth upon any trial at Law or in any Court of Law or Equity or to the said Samuel Martin his heirs or assigns or his or their Council Attorney or Agent or otherwise as shall be reasonabley required the said herein before said recited Indentures of Lease and Release of the seventh and eighth days of May one thousan seven hundred and ninety six ( casualties by fire or other inevitable accident or the restraint of any Court of Law or Equity not intervening ) Provided nevertheless that in case the said Aistroppe Stovin or his heirs shall hereafter upon sale of the said other lot or piece or parcel of ground of the said Aistroppe Stovin deliver the custody of the same Indentures to any person or persons who shall at his her or their charge make and duly execute a Deed or Deeds in writing in which he she or they shall concent or engage with the said Samuel Martin his heirs and assigns for the production thereof in the words or to the full purport meaning and effect of the Covenant so hereby entered into on the part of the said Aistroppe Stovin, then and in such case or cases and from and immediately after the exection and delivery or tender of such Deed or Deeds of Covenant to the said Samuel Martin his heirs or assigns this present Covenant entered into by the said Aistroppe Stovin shall as to the said Indentures to be produced under such new Deed or Deeds of Covenant cease and be void In Witness whereof the said parties to these presents hereunto set their hands and seals the day and year first within written.//.

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Transcribed from the original document owned by

Mr. Toynes,

32 Scale Lane, Kingston upon Hull,

by Richard Hayton - July 1996