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THIS INDENTURE MADE THE 15th day of
April in the year of Our Lord 1843 BETWEEN THOMAS
COMMINS THE ELDER of the Borough of Bodmin in the County
of Cornwall Gentleman Administrator of all and singular
the Goods Chattels and Effects of Henry Tremenheere
Commins late of the Parish of Stepney in the County of
Middlesex gentleman deceased of the one part and THOMAS
COMMINS THE YOUNGER of the Borough of Bodmin gentleman
of the other part WHEREAS the said Henry Tremenheere
Commins under and by virtue of and Indenture of Lease
bearing date the 24th day of September 1833 between the
Mayor and Burgesses of the said Borough of Bodmin of the
one part and the said Henry Tremenheere Commins of the
other part was in his lifetime and at the time of his
death lawfully possessed of interest in and entitled
unto the Field Plot or Close of Land hereinafter
described and intended to be hereby assigned for the
remainder of a term of 99 years determinable on the
deaths of the said Thomas Commins the Younger then aged
27 years and Richard Burrow the Younger Son of Richard
Burrow of the said Borough Cooper then aged 13 years or
if either of them should so long happen to live the said
Term to commence and begin and immediately after the
death of John Hicks who is since dead AND WHEREAS the
said Henry Tremenheere Commins died on or about the 12th
day of October 1835 intestate and unmarried and on the
21st day of November following Administration to all and
Singular his Goods and Chattels Rights Credits and
Effects was granted by the by the Perogative Court of
the Archbishop of Canterbury to the said Thomas Commins
the Elder AND WHEREAS the said Thomas Commins the Elder
hath contracted and agreed with the said Thomas Commins
the Younger for the absolute sale to him of the Field
Plot or Close of Land hereinbefore described and
intended to be hereby assigned at or for the price or
sum of £60 NOW THIS INDENTURE WITNESSETH that in
pursuance and agreement and for and in consideration of
the sum of £60 of lawful money of Great Britain in hand
paid by the said Thomas Commins the Younger to the said
Thomas Commins the Elder at or before the sealing and
delivery of these presents the receipt whereof he doth
hereby acknowledge
He the said Thomas Commins the Elder HATH granted
bargained sold assigned transferred and set over and in
and by these presents DOTH grant bargain sell assign
transfer and set over unto the said Thomas Commins the
Younger his Executors Administrators and Assigns ALL
that one Field or Close of Land with its Appurtenances
containing by estimation 1 acre of land be the same more
or less situate lying and being within the said Borough
of Bodmin bounded on the North with the Lands formerly
of Roper Esquire and now of Harvey on the end with the
Commons of the said Borough on the loest with the field
lying towards the Barn Lane and on the south with the
commons or loay leading towards Chubbs Lane formerly in
the possession of John Blake afterwards of the
Representatives of John Coffin and now of Geak as tenant
to the said Thomas Commins the Elder Together with all
ways paths passages easements privileges advantages
rights members and appurtenances whatsoever to the said
field or plot of land belonging or in anywise
appertaining AND all the estate Right title Interest
Term and Terms of Years property claim and demands
whatsoever of him the said Thomas Commins the Elder of
into or out of the said Field and premises or any part
thereof Except as in the said Lease is and are excepted
and reserved TO HAVE AND TO HOLD the said Field Plot or
Close of Land and premises hereby assigned or intended
to be with the appurtenances unto the said Thomas
Commins the Younger his Executors Administrators and
Assigns from henceforth for and during the all the
residue and remainder now to come and unexpired of the
said Term of 99 years therein determinable as aforesaid
Subject nevertheless to the payment of the rent and to
the observance and performance of the Covenants and
Exceptions Conditions and Agreements in the said in part
recited Indenture of Lease contained and on the part of
the Lease therein named to be paid and observed AND the
said Thomas Commins the Elder doth hereby for himself
his Executors Administrators and Assigns covenant
promise and agree to and with the said Thomas Commins
the Younger his Executors Administrators and Assigns
that he the said Thomas Commins the elder now hath in
himself good right full power and lawful authority to
assign and set over the said Field and premises hereby
assigned or intended so to be with the appurtenances
unto the said Thomas Commins the Younger his Executors
Administrators and Assigns in manner aforesaid and
according to the true intent and meaning of these
presents All that it shall and may be lawful to and for
the said Thomas Commins the Younger his Executors
Administrators and Assigns under payment of the Rent and
Observance of the Covenants Exceptions Conditions and
Agreements in the said in part recited Indenture of
Lease contained from henceforth to enter into and upon
and to have hold and enjoy the said Field and premises
hereby assigned or intended so to be and to receive and
take the Rents issues and profits thereof and of every
part thereof to and for his and their use and benefit
without any molestation interruption claim or denial of
the said Thomas Commins the Elder his Executors
Administrators or Assigns or any or other person or
persons whomsoever claiming or to claim by from or under
him or them or any or other of them or by from or under
the said Henry Tremenheere Cummins deceased AND that
free and clear and freely and clearly acquitted
exonerated and discharged or otherwise by the said
Thomas Commins the Elder his Heirs Executors and
Administrators well and sufficiently saved defended kept
harmless and indemnified of and from all and all manner
of former and other gifts Grants Bargains Sales
Mortgages Rents Arrears of Rent Debts Dues Duties Titles
Charges and Incumbrances whatsoever AND FUTHER that he
the said Thomas Commins the Elder his Executor and
Administer and all and every other person or persons
having lawfully claiming or who shall or may hereafter
have or lawfully claim any estate right Title trust of
Interest of into or out of the said Field and premises
hereby assigned or intended so to be or any part thereof
by from under or in trust for him or them or any or
either of them shall and will from time to time and at
all times hereafter upon every reasonable request Costs
and Charges of the said Thomas Commins the Younger his
Executors Administrators or Assigns make do and execute
or cause or procure to be made done and executed all
such further and other lawful and reasonable Acts Deeds
Assignments and Assurances in the Law whatsoever for the
further better more perfectly and absolutely granting
and assigning assuring and confirming the said Field and
Premises with the appurtenances unto the said Thomas
Commins the Younger his Executors Administrators and
Assigns by the said Thomas Commins the Elder his
Executors Administrators and Assigns or his or their
Counsel in the Law shall be advised or devised and
required IN WITNESS whereof the parties aforesaid to
these presents (being first duly stamped) their hands
and seals have set the day and year first above written
Thomas Commins
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