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THIS INDENTURE made the 4th day
of June in the fifty sixth year of the Reign of Our
Sovereign Lord George the Third by the Grace of God of
the United Kingdom of Great Britain and Ireland King
Defender of the Faith and in the year of Our Lord 1816
BETWEEN THOMAS COMMINS of the Borough of Bodmin in the
County of Cornwall Gentleman of the one part and
CATHERINE HOCKEN of the Parish of Saint Tudy in the said
County Spinster of the other part WHEREAS the said
Thomas Commins now stands indebted to the said Catherine
Hocken in the sum of £500 NOW THIS INDENTURE WITNESSETH
that for and in consideration of the said sum of £500 so
due and owing to the said Catherine Hocken as aforesaid
and for the better securing the payment of the same as
also for and in consideration of the sum of 10/- to him
the said Thomas Commins in hand paid by the said
Catherine Hocken at or before the sealing and delivery
of these presents the receipt whereof he doth hereby
acknowledge HE the said Thomas Commins HATH granted
bargained sold demised and leased and by these presents
DOTH grant bargain sell demise and lease unto the said
Catherine Hocken her executors administrators and
assigns ALL that messuage or dwelling house celler lofts
premises with the appurtenances situate lying and being
in the village of Mousehole in the Parish of Paul in the
said County of Cornwall formerly in the possession of
Richard Keigwin Richard Barnes and Stephen Blewett and
now or late of John Pentreath and others AND ALSO ALL
that now built messuage or dwelling house and backside
thereunto belonging situate or lying and being in
Borestreet in the said Borough of Bodmin now in the
tenure holding or occupation of William Stephens
Together with all ways paths passages easements profits
commodities privileges advantages hereditaments rights
members and appurtenances to the same belonging or in
anywise appertaining AND the reversion and reversions
remainder and remainders yearly and other rents Issues
and profits thereof and of every part thereof TO HAVE
AND TO HOLD all and singular the said hereditaments and
premises hereby demised or intended so to be and the
appurtenances unto the said Catherine Hocken her
executors administrators and assigns from the day of the
date hereof for and during and unto the full end and
term of 500 years hence next ensuing and fully to be
complete and ended YEILDING AND PAYING therefore yearly
and every year during the said term unto the said Thomas
Commins his heirs and assigns the rent of a pepper corn
if the same shall be lawfully demanded subject
nevertheless to the proviso or condition for redemption
of the said premises hereinafter mentioned and contained
AND WHEREAS the said Thomas Commins at the time of the
sealing and delivery of these presents is justly and
lawfully possessed of or intitled to the premises
hereinafter described and intended to be hereby assigned
for the residues of the several terms therein
determinable as in the original Indentures of Lease
thereof is and are respectively mentioned NOW THIS
INDENTURE FURTHER WITNESSETH that for and in
consideration of the said sum of £500 so due and owing
to the said Catherine Hocken as aforesaid and for better
securing the payment thereof and also in consideration
of the further sum of 10/- of like lawful money
transferred and set over and by these presents DOTH
granted and bargained sell assign transfer and set over
unto the said Catherine Hocken her executors
administrators and assigns ALL that messuage or dwelling
house courtlage and garden held by the said Thomas
Commins under an Indenture of Lease from the Mayor and
Burgess of the said Borough of Bodmin granted to Joseph
Edyvean Gentleman deceased for a term of fourscore and
nineteen years determinable on the deaths of Mary the
Mother of the said Catherine Hocken and Lydia the wife
of the said Thomas Commins situate lying and being in
Borestreet in the Borough of Bodmin now in the tenure
holding or occupation of James Runnalls and John
Marshall together with one Dung Pool situate in Bore
Lane AND ALL that now erected messuage or dwelling house
with the courtlages thereunto belonging held by the said
Thomas Commins under an Indenture of Lease from the
Honourable Anna Maria Agar of Lanhydrock in the County
of Cornwall widow for the term on 99 years determinable
on the deaths of Joseph Edyvean Commins Thomas Commins
and Lydia Ann Commins the sons and daughter of the said
Thomas Commins party hereto situate lying and being in
Bodmin aforesaid in the said Street called Borestreet
formerly in the possession of one Benjamin Treffry
afterwards of George Pike and now of Richard Marshall
AND ALSO ALL those two dwelling houses formerly one
dwelling house) and a plot of land thereto adjoining
with the appurtenances held for the remainder of a term
of 99 years under an Indenture of Lease made and granted
by the Right Honourable Thomas Lord Camelford deceased
to John Marshall of the Parish of Bodmin Carpenter
deceased determinable on the deaths of William Marshall
Catherine Marshall and Richard Marshall the sons and
daughters of the said John Marshall situate lying and
being within the said Borough of Bodmin and near the
Townsend formerly in the possession of Richard Rounseval
afterwards of William Lucas and now John Hayman and
Margery Tubb together with all ways paths passages
rights members privileges and appurtenances whatsoever
to the said several premises hereby or intended to be
hereby assigned or to any part thereof belonging or in
anywise appertaining EXCEPT (as in the Original
Indentures of Lease thereof is excepted and reserved)
AND all the estate right title and interest use trust
benefit property claim and demand whatsoever at law or
equity of him the said Thomas Commins of in to or out of
the said premises hereby assigned or intended so to be
or any part thereof together with the said Original
Indentures of Lease thereof TO HAVE AND TO HOLD all and
singular the said premises hereby assigned or intended
so to be with appurtenances (except as before excepted)
unto the said Catherine Hocken her executors
administrators and assigns henceforth for and during all
the rests residues and remainders now to come and
unexpired of the several terms or number of years
therein determinable as aforesaid AND for and during all
the estate right title and interest which he the said
Thomas Commins now hath of in or to the same or any part
thereof SUBJECT nevertheless to the payment of the rents
dues and heriots and to the observance and performance
of the covenants conditions and agreements mentioned and
contained in the said respective Indentures of Lease and
on the parts of the Leases therein respectively named to
be paid observed and performed PROVIDED ALWAYS and it is
hereby declared and agreed by and between the said
parties hereto and it is the true intent and meaning of
them and of these presents that if the said Thomas
Commins his heirs executors administrators or assigns
shall and do well and truly pay or cause to be paid unto
the said Catherine Hocken her executors administrators
or assigns the full sum of £500 of lawful money as
aforesaid with interest for the same at rate of £5per
centum per annum on or before the 4th day of September
next ensuing without fraud or further delay and without
any deductions or abatement from or out of the same for
the taxes or otherwise howsoever Then and in such case
these presents and every Article Clause Matter and Thing
herein contained shall thenceforth cease determine and
be void to all intents and purposes whatsoever any thing
herein contained to the contrary thereof notwithstanding
AND the said Thomas Commins doth hereby for himself his
heirs executors and administrators covenant and agree to
and with 6the said Catherine Hocken her executors
administrators and assigns THAT he the said Thomas
Commins his heirs executors or administrators shall and
will well and truly pay or cause to be paid unto the
said Catherine Hocken her executors administrators and
assigns the said sum of £500 with interest for the same
at the rate aforesaid on or before the said 4th day of
September next without fraud or further delay and
without any deduction or abatement whatsoever AND that
he the said Thomas Commins now hath of and in himself
good right full power and lawful and absolute authority
to demise and assign all and singular the said
hereditaments and premises hereby or intended to be
hereby demised and assigned with the appurtenances unto
the said Catherine Hocken her executors administrators
and assigns in manner aforesaid and according to the
purport true intent and meaning of these presents AND
that it shall and may be lawful to and for the said
Catherine Hocken her executors administrators and
assigns from time to time and at all times after default
shall be made in payment of the said sum of £500 and the
interest thereof or any part thereof respectively
according to the aforesaid proviso and covenant for
payment of the same peaceably and quietly to enter into
and upon and to hold possess and enjoy all and singular
the said hereditaments and premises hereby or intended
to be hereby demised and assigned respectively with the
appurtenances and to receive and take the rents issues
and profits thereof and of every part thereof to and for
her and their own use and benefit without the lawful let
suit hindrance cause or demand of him the said Thomas
Commins his heirs executors and administrators or
assigns or any other person or persons whomsoever
lawfully claiming or to claim by from under or in trust
for him or them or any of them AND that free and clear
and freely and clearly acquitted exonerated and
discharged or otherwise by the said Thomas Commins his
heirs executors and administrators well and sufficiently
saved harmless and kept indemnified of from and against
all and all manner of former and other gifts grants
bargains sales leases mortgages jointures dowers uses
trusts wills intails rents arrears of rent judgments
statutes recognizances titles charges and incumbrances
whatsoever AND FURTHER that he the said Thomas Commins
his heirs executors and administrators and all and every
other person and persons having or lawfully claiming or
shall or may have or lawfully claim any estate right
title or interest of in to or out of the said several
hereditaments and premises hereby or intended so to be
hereby demised and assigned respectively or any part
thereof shall and will at all times after such default
shall happen as aforesaid upon every request of the said
Catherine Hocken her executors administrators or assigns
but at the costs and charges of the said Thomas Commins
his heirs executors or administrators make do and
execute or cause to be made done executed all and every
such further and other lawful and reasonable acts deeds
assurances and conveyances in the law whatsoever for the
further better and more perfect and absolute granting
demising and assuring respectively of the same several
hereditaments and premises or any of them with the
appurtenances unto the said Catherine Hocken her
executors administrators and assigns as by the said
Catherine Hocken her executors administrators and
assigns as by the said Catherine Hocken her executors
administrators or assigns or her or their counsel
learned in the law shall be advised or devised and
required IN WITNESS whereof the said parties to these
have hereunto set their hands and seals the day and year
first above written.
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |