The 1903 Covenant
This Indenture made on the twelfth day of June one thousand nine hundred and three between Josephine Helene Silkenstadt of Rose Bank West Didsbury in the County of Lancashire widow of the one part and The Urban District Council of Withington in the said County of Lancashire (hereinafter called The District Council) of the other part Whereas by an Indenture (herein after referred to as ‘the principal Indenture’) dated the seventh day of December one thousand nine hundred and made between Thomas Gair Ashton, Edward Tootal Broadhurst and Edward Donner (herein after called ‘the Vendors’) of the one part and the said Josephine Helene Silkenstadt (thereafter called ‘the purchaser’) of the other part in consideration of the sum of Five thousand two hundred and fifty pounds paid by the Purchaser to the Vendors. The Vendors granted and conveyed unto the Purchaser and her heirs All that plot of land situated in Didsbury in the said County of Lancashire bounded on the northernmost side thereof by Palatine Road on the north easterly side thereof by land belonging to the trustees of Max Emil Robinow Esquire deceased on the south easterly side thereof by the middle or central line of an intended street or road twelve yards wide to be called Holme Road and on the south westerly side thereof by the middle or central line of an intended street or road fourteen yards wide to be called Dene Road and containing in length on the said north westerly side thereof (including seven yards into Dene Road aforesaid) one hundred and sixty four yards and eight inches or thereabouts on the said north easterly side thereof (including six yards into Holme Road aforesaid) one hundred and sixty one yards and twenty four inches or thereabouts on the said south easterly side thereof (including seven yards into Dene Road aforesaid) one hundred and fifty nine yards and three inches or thereabouts and on the said south westerly side thereof (including six yards into Holme Road aforesaid) one hundred and sixty two yards and thirty three inches or thereabouts and containing on the whole Twenty ……. Thousand one hundred and eighty eight super …… square yards of land or thereabouts were the same more or less which said plot of land is delineated in the plans d……… in the margins thereof and therein edged red. To hold the same unto and to the use of the purchaser her heirs and assigns free from incumbrances (except tithe commutations rent charge and land tax) And in the indenture now in recital are contained covenants on the part of the purchaser for herself her heirs executers administrators and assigns with the Vendors their heirs and assigns as to the buildings fences roads and otherwise. And in the same indenture are also contained the clauses set forth in the first Schedule hereunder written. And whereas the said Josephine Helene Silkensadt has at her own expense fenced in the said plot of land comprised in the principal Indenture and laid out the same as a public park or recreation ground and erected on part or parts thereof a Lodge and other buildings with the intention of assuring the same plot of land hereditaments and premises to the District Council as a Memorial of her daughter. And whereas the District Council have agreed to accept a conveyance of the said plot of land hereditaments and premises upon the terms and conditions herein after appearing. Now this Indenture witnesseth that for effectuating such intention as aforesaid of the said Josephine Helene Silkenstadt and in consideration of the premises The said Josephine Helene Silkenstadt as beneficial owner doth hereby grant and convey unto the District Council All and singular the plot of land hereditaments and premises comprised in and conveyed or otherwise assured by the principal Indenture To hold the same unto and to the use of The District Council their successors and assigns in fee simple Subject to the commutation rent charge and land tax. And subject also to the observance and performance of the covenants on the part of the said Josephine Helene Silkenstadt her heirs and assigns conditions and agreements contained in the principal indentures. And subject also to the observance and performance of the covenants and conditions hereinafter contained.
And the District Council do hereby for themselves and their assigns covenant with the said Josephine Helene Silkenstadt her heirs and assigns that The District Council their successors or assigns shall not nor will at any time hereafter use the said plot of land hereditament and premises hereby conveyed or any part or parts thereof or permit or suffer the same or any part or parts thereof to be used for any other purpose than as a public park or recreation ground which shall be called Marie Louise Gardens and at each main entrance of which shall be erected and at all times maintained a board or tablet with the following words and figures thereon namely,
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and which shall be held subject to the enforcement of the rules and regulations specified in the second Shedule hereunder written or any modifications thereof in accordance with the covenants conditions and agreements contained in the principal Indenture.
And also that The District Council their successors and assigns will henceforth perform and observe all the covenants on the part of the said Josephine Helene Silkenstadt’s conditions and agreements contained in the principal Indenture and will at all times keep the said Josephine Helene Silkenstadt her heirs executers and administrators and her and their respective estates and effects effectually indemnified from and against the performance and observance of the said covenants conditions and agreements respectively or any of them and from and against all actions proceedings costs damages expenses claims and demands whatsoever for or in respect of or on account of the breach nonperformance or nonobservation of the said covenants conditions and agreements respectively or any of them.
And also that The District Council their successors and assigns will at all times hereafter maintain and keep the said public park or recreation ground in good order and condition and properly planted and carefully preserved (the timber trees and all ornamental trees bushes plants and shrubs which are now or may at any time be growing on the said premises and replace such of the trees bushes plants and shrubs as may be damaged, die or require replacing)
Covenant by the Corporation as follows:
And also will at all times hereafter maintain and keep in good repair and condition the boundary walls, railings and fences gates lodge buildings steps seals vases jardinières and other erections and things now standing and being on the said plot of land hereby conveyed or some part or parts thereof.
And also will when necessary or when occasion shall require rebuild or renew the same boundary walls railings and fences gates lodge buildings steps seals vases jardinières and other erections and things respectively.
And also will at all times take all such steps and proceedings as shall be necessary or expedient to enforce observance of the rules and regulations for the time being in force and every of them and everything therein contained.
In witness whereof the said Josephine Helene Silkenstadt hath hereunto set her hand and seal and The District Council have caused their common seal to be hereunto affixed the day and year first before written.
The Schedules herein before referred to
First Schedule
Provided always and it is hereby agreed and declared that it shall be lawful for the Purchaser her heirs and assigns during such time as she or they may so desire to use the said plot of land hereby conveyed or cause the same to be used for a public park or recreation ground and that nothing herein contained shall hinder or prevent the same plot of land from being used by the public for recreation purposes or being laid out for such purposes or any of them or having erected thereon or such part or parts thereof as may be convenient such entrance gates lodges bandstands or other buildings or erections (the plans or elevations of which shall have had the previous written approval of the Vendors their heirs or assigns) as the purchaser her heirs and assigns may deem reasonably necessary or suitable for the above mentioned purposes or any of them but so that such purposes shall not prove a nuisance or annoyance to the Vendors their heirs or assigns or any neighbouring proprietor or occupier Provided further and it is hereby agreed and declared that notwithstanding anything herein before contained if the said plot of land shall at any time be opened for use as a public park or recreation ground it shall only be so opened subject to the enforcement of rules and regulations which shall prohibit as follows namely -----------
1. Any person (other than the Governing Body of such public park or recreation ground and the servants of and any person or persons authorized by such Body) entering or remaining therein otherwise than between one hour before sunrise and one hour after sunset or between such extended hours as such Governing Body may from time to time determine or taking therein any horse or any vehicle propelled otherwise than by hand or foot ot affixing or posting any bill placard or notice therein or erecting any post, rail, fence, pole, tent, booth, stand, building or other structure.
2. Any person whomsoever from depositing therein any orange peel, paper, rubbish or refuse or throwing any stone or other missile to the damage or danger of any person or climbing any boundary or other wall or fence, barrier, railing or post.
3. Any person whomsoever from taking part in or playing (within thirty yards of the northeasterly boundary of the said plot of land hereby conveyed or within twenty yards of Holme Road or Dene Road aforesaid respectively) any game of bowls, quoits, hockey, lawn tennis, croquet or any other game which by reason of the rules or manner of playing or for the prevention of damage, danger or discomfort to any person in or out of the said park or recreation ground may necessitate at any time during the continuance of the game the exclusive use by a player or players of any space in the said park or recreation ground.
4. Any person whomsoever within the limits aforesaid from delivering any public address or taking part in any meeting for political, religious or other purposes or distributing printed or written matter or soliciting or collecting money or money’s worth for any purpose whatsoever or singing or playing any musical instrument.
5. Any person (except with the sanction of the Governing Body of the said park or recreation ground) from offering or exposing for sale or hire any commodity whatsoever in any part thereof.
And which Rules and Regulations shall otherwise provide for enforcing proper, decent and orderly and quiet behaviour on the part of such persons as shall use the said plot of land hereby conveyed as such park or recreation ground as aforesaid.
Provided also and it is hereby agreed and declared that any of the rules and regulations which provide for the matters aforesaid may at any time be revoked, altered or varied with the previous written consent of a majority of two thirds in number of the owners of all land adjoining the said plot of land hereby conveyed and for the purposes of this provision and of ascertaining such majority of owners any joint tenants or tenants in common shall be reckoned collectively as one person or owner.
And the Purchaser doth hereby for herself her heirs, executers, administrators and assigns covenant with the Vendors their heirs and assigns that the Purchaser her heirs and assigns will at all times while the said plot of land hereby conveyed or any part thereof shall be used as a park or recreation ground take all such steps and proceedings as shall be necessary or expedient to enforce the observance of the Rules and Regulations with regard to the user thereof for the time being in force and every of them and every thing therein contained.
Second Schedule
Rules and Regulations for
1. These Gardens are provided for the use of the public for purposes of recreation and will be open daily from
until the time hereinafter specified for closing namely; In the months of January, February, November and December twenty minutes after sunset. In the months of March, April, September and October thirty minutes after sunset and in the months of May, June, July and August one hour after sunset or between such extended hours as the District Council may from time to time determine. Provided always that this rule shall not require the gardens to be opened and closed at the hours hereinafter prescribed on any day when in pursuance of any statutary provision the District Council may close the gardens to the public.
2. In constructing these regulations all words importuning the masculine gender shall be deemed and taken to include the feminine gender and the singular number to include the plural and the plural the singular unless the contrary as to gender or number is expressly provided.
3. No person other than the servants of the District Council or some person or persons authorized by them shall on any day on which the gardens may be open to the public enter or remain in the gardens before or after the times herein before appointed for the opening and closing thereof respectively.
4. No person shall remove, deface, displace, injure, destroy, soil or defile any wall or fence in or enclosing the gardens or any barrier, railing or post or any fixed or moveable seat or any part of any building or erection or any work or ornament or decoration or any tree, shrub or other plant or tree guards or fixed apparatus whether for games or otherwise or any implement or other article provided for use in laying out or maintainance of the gardens or throw or deposit in any part of the gardens any orange peel, paper, rubbish or refuse. Provided that the foregoing prohibition shall not be deemed to prevent the servants of the District Council or any person or persons authorized by them from carrying out any work in connection with the laying out, planting, improvement or maintainance of the gardens.
5. No person other than the servants of the District Council or some person or persons authorized by them shall at any time take any horse or vehicle into the gardens other than a wheeled chair or perambulator propelled by hand and used solely for the conveyance of children or invalid or infirm persons. Provided that the foregoing regulations shall not be deemed to prohibit the driving or wheeling of any bicycle, tricycle, velocipede or other similar machine in any part of the gardens which is for the time being appointed to be used as a cycling track and subject to such conditions as the District Council may prescribe and as may be indicated by notice.
6. No person other than the servants of the District Council or some person or persons authorized by them shall at any time remove or disturb any turf or border or any part of the soil of any flower bed or any soil under or about any tree, shrub or any other plant or shall walk on the grass verges at the sides of the walks or stand, sit, lie, walk or run over any part of any flower bed shrub or other plant.
7. No person shall, at any time pluck any bud, blossom, flower, branch or leaf of any tree, shrub or other plant.
8. No person shall, without the sanction of the District Council affix or post any bill, placard or notice in any part of the gardens
9. No person shall throw or discharge any stone or other missile to the damage or danger of any person or climb any boundary wall or fence or any tree, barrier, railing or post in any part of the gardens.
10. No person shall in any part of the gardens displace or disturb, take, injure or destroy any bird’s nest or egg or take, injure or destroy or attempt to take, injure or destroy any bird.
11. No person shall cause or suffer any dog belonging to him or in his charge to enter or remain in the gardens unless the same be led.
12. a) No person shall except as hereinafter provided play or take part in any game of bowls, quoits, hockey, lawn tennis, croquet or any other game which by reason of the rules or manner of playing or for the prevention of damage, danger or discomfort to any person in or out of the said gardens may necessitate at any time during the continuance of the game the exclusive use by a player or players of any space in the gardens
12) Provided that whereby a notice or notices which shall be affixed or set up in some conspicuous position and at or near to each of the principal entrances thereto the District Council may, from time to time, set apart for the playing of any such game or games as may be specified in such notice or notices such space or spaces in the gardens (not being within thirty yards of the northeasterly boundary of the said plot of land hereby conveyed or within twenty yards of Holme Road or Dene Road aforesaid respectively) as shall be defined or described in such notice or notices this regulation shall not be taken to prohibit any person from playing or taking part in any game or games which may be played in such space or spaces and in accordance with the following regulations;
1) No game shall be played in any such space on Sundays
11) Every person resorting to any such space for the purpose of playing or taking part in any such games shall in making preparation for the playing thereof and in the manner of playing use reasonable and proper care to prevent undue interference with the reasonable and proper use of space by any person engaged in making preparation for playing or in playing therein or thereafter resorting to such space for the purpose of playing therein.
111) Any person resorting to any such space for the purpose of playing or taking part in any such game shall not begin to play at any time when such space is already occupied by such a number of players and in such a manner as to render any addition to the number of players incompatible with the safe and convenient use of such space by the players already in occupation.
1V) Except in any case where the exclusive use of any such space or any part thereof may have been granted by the District Council for the playing of any match of which the occasion and character shall be such as to render expedient an extension of the time hereinafter specified a player or company of players shall not in making preparation for playing and in playing any game use any part of such space for a longer time than one hour continuously if at the expiration of such time any other player or company of players for whose use no other part of such space or no part of any other space set apart for the purposes may be available shall have given notice to the attendant of such space of an intention to use for the purpose of playing such part of such space as shall have been previously used by such player or company of players.
V) The attendant of any such space shall enter the name or names of the player or company of players giving such notice as aforesaid upon a slate provided for the purpose in a list in the order of his receiving such notice and upon any player or company of players ceasing to use any part of such space the player or company of players then ready and waiting whose mane or names stand at the head of the list shall be next entitled to use such part of such space. The attendant shall strike off the list the names of all persons actually playing.
V1) If any question or dispute shall arise in any such space in regard to the game or the user of such space the question or dispute shall be referred to the attendant of such space whose decision shall be final and who may require any person breaking the rules or disturbing order to withdraw.
V11) Every person resorting to such space for the purposes of playing lawn tennis shall comply with the following conditions
a. Lawn Tennis shall not be played in the gardens between the thirtieth day of September and the first day of May.
b. The Lawn Tennis ground shall be under the supervision of and the nets shall be fixed and the courts marked out by a servant of the District Council duly appointed in that behalf called the lawn tennis ground keeper.
c. Upon the application of any person fer permission to play lawn tennis the lawn tennis ground keeper upon payment by the applicant of the sum of two pence shall issue to him a ticket entitling him to play lawn tennis.
d. Every person playing lawn tennis shall provide himself with such a ticket and shall during such time as he continues to play lawn tennis retain and upon the request of any servant of the District Council produce the same. Any person not producing his ticket upon such request shall be liable to pay a fine of four pence.
e. All players shall provide their own lawn tennis balls and racquets and shall wear boots or shoes of India rubber or other material adapted for preventing damage to the turf.
f. No game of lawn tennis shall be played or continue to be played later than a quarter of an hour before the time fixed for closing the gardens.
V11) Every person resorting to any such space for the purpose of playing bowls shall observe and comply with the following conditions;
a) The
b) On the application of any person for permission to bowl the Bowling Green Keeper upon payment by the applicant of the sum of two pence shall issue to him a ticket entitling him to bowl.
c) Every person bowling on the green shall provide himself with such a ticket and shall during such time as he continues to bowl retain and upon the request of any servant of the District Council produce the same. Any person not producing his ticket upon such request shall be liable to pay a fine of four pence.
d) The