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THIS
INDENTURE Made the 7th day of the 2nd month called
February in the Year of Our Lord 1827 BETWEEN The
Honourable Anna Maria Agar of Lanhydrock in the County
of Cornwall Widow of the one part and Joseph Hamley of
the Borough of Bodmin in the said County Surgeon of the
other part WITNESSETH that for and in consideration of
the sum of £120 of lawful British Money to her paid by
the said Joseph Hamley at and upon the sealing and
delivering of these presents the receipt whereof is
hereby acknowledged And in consideration of the
surrender or a former Lease of the premises hereby
demised bearing date the 14th day of ?mber 1813 AND in
consideration of the payment of the Rent and performance
of the Covenants and Agreements hereinafter reserved and
contained by and on the part of the said Joseph Hamley
his Executors Administrators and Assigns Joseph Hamley
to be paid done and performed SHE the said Anna Maria
Agar by virtue of the power given to her in this behalf
HATH demised and leased and by these presents DOTH
demise and lease the said Joseph Hamley Executors
Administrators and Assigns Joseph Hamley ALL that piece
of Ground together with the Dwelling house erected on
part thereof situate lying and being in a street now or
formerly called Back Street within the Borough of Bodmin
aforesaid Bounded on the South by the said Street on the
East by the land of the said Joseph Hamley on the West
by the land of the said Joseph Hamley and partly by the
Methodist Chapel and the yard thereunto belonging and on
the North by the Lands of the said Joseph Hamley al
which said hereby ? premises are now in the occupation
of the said Joseph Hamley and are more clearly shown in
the plan on the back hereof (see scan below. MMc) EXCEPTING and
always reserving out of this demise unto the said Anna
Maria Agar and such person or persons as for the time
being shall be entitled to the Inheritance Freehold
Reversion or other Estate of and in the said Premises so
hereby demised as aforesaid ALL such parts of the Common
as shall or may hereafter happen to be enclosed by the
said Anna Maria Agar or such person or persons as shall
be so entitled as aforesaid or by virtue of any grant or
grants by and under her or them to any person or persons
whomsoever AND ALSO excepting all Tin Tin Stuff Copper
Copper-Ore Lead Lead-Ore and all other Ores Mines
Minerals Metals Clay Marle Stones and Quarries of all
kinds whatsoever within or upon the said Premise with
liberty to dig search and work for and land lay dress
manufacture use and carry away the same when and as she
and they shall think proper and for so doing to make any
Buildings and Conveniences whatsoever on the said
Premises AND ALSO excepting all Ways Passages and Waters
Watercourses Leats and Passages of and for Water
whatsoever with liberty to bring pass or convey away any
Waters or Watercourses into through or from any part of
the said premises and to male any Conveniences thereon
for doing thereof and to cut Turf on the said Premises
for that purpose AND ALSO excepting all Trees Saplings
and Coppice Wood whatsoever with the Lops and Shreds
thereof now growing or hereafter to grow in or upon the
said premises or any part thereof Hedges included with
liberty to fell cut down root up work take and carry
away the same at her or their will or pleasure AND ALSO
excepting Free Warren of and at Hunting Fishing and
Fowling in and upon the said the said premises with
liberty to and for the said Anna Maria Agar and such
person or persons as for the time being shall be so
entitled as aforesaid with her and their retinue to Hunt
Fish and Fowl therein and thereupon and the Fish Game
and Fowl their taken and destroyed to carry away at her
and their will and pleasure AND likewise excepting all
Royalties whatsoever TO HAVE AND TO HOLD all and
singular the said premises demised with the
appurtenances (except before excepted) unto the said
Joseph Hamley his Executors Administrators and Assigns
Joseph Hamley from the 29th day of the 9th month called
September last past for and during the term of 99 years
to be completed and ended if the said Joseph Hamley aged
about 44 years Francis Gilbert aged about 10 years and
Joseph Osburtus aged about 6 years the sons of the said
Joseph Hamley or either of them shall so long live He
the said Joseph Hamley his Executors Administrators and
Assigns Joseph Hamley YIELDING AND PAYING therefore
yearly and every year during the continuance of this
present demise unto the said Anna Maria Agar and such
person or persons as for the time being shall be so
entitled as aforesaid the Yearly Rent of £1 10 of Lawful
British Money at the 4 usual days of payment of Rent in
the year that is to say Lady day Midsummer Day
Michaelmas Day and Christmas Day by even and equal
portions free and clear of and from all Taxes and
Deductions whatsoever the first payment thereof to begin
and be made at the quarter day last passed AND ALSO
YIELDING AND PAYING the sum of 5/- of like Lawful Money
for and in the name of a Heriot at and upon the decease
of them the said Joseph Hamley Francis Gilbert Hamley
and Joseph Osbertus Hamley PROVIDED ALWAYS NEVERTHELESS
that if the said Rents and Dues hereby reserved or
either of them or any part of them shall be behind and
unpaid by the space of 30 days next after any of the
said days of payment whereon the same are reserved or
ought to be paid as aforesaid OR if the said Joseph
Hamley his Executors Administrators and Assigns Joseph
Hamley or any person or persons under him or them shall
cut break pluck up deface destroy or carry away any Tree
Trees Sapling or saplings or any Coppice at any time
growing or being on the said Premises OR do nor and
shall not well and truly observe perform fulfil pay and
keep all and every Covenants Articles Payments Provisoes
and Agreements herein mentioned and comprised which by
and on his and their part are or ought to be observed
performed accomplished paid and kept in all things
according to the true meaning hereof THAT THEN and from
thenceforth and at all times thereafter in every and any
of the said cases happening it shall and may be lawful
to and for the said Anna Maria Agar and such person and
persons as for the time being shall be entitled as
aforesaid into and upon the said demised premises and
every part thereof or into any part thereof in the name
of the whole to re-enter and the same to have again
re-possess and enjoy as in her and their former estate
and right and he the said Joseph Hamley his Executors
Administrators and Assigns Joseph Hamley and all other
Tenants or Occupiers of the said Premises thereout and
from the possession thereof utterly to expel put out and
remove this Indenture or any thing herein contained to
the contrary thereof notwithstanding which said re-entry
so to be made shall not extinguish any Rent then due and
in arrear for the said demised premises nor any
forfeiture or penalty incurred or become due by any
breach or non-performance of any of the articles or
covenants herein contained AND the said Joseph Hamley
doth hereby for himself his Executors Administrators and
Assigns Joseph Hamley covenant promise and agree with
the said Anna Maria Agar and such person and persons as
for the time being shall be so entitled as aforesaid in
manner and form following (that is to say) that he the
said Joseph Hamley his Executors Administrators and
Assigns Joseph Hamley shall and will well and truly pay
or cause to be paid unto the said Anna Maria Agar and
such person and persons as for the time being shall be
so entitled as aforesaid the said yearly Rent and other
payments free and clear of and from Taxes and Deductions
in manner aforesaid AND ALSO shall and will repair
maintain and keep all and singular the said demised
premises with the appurtenances with all necessary
reparations whatsoever during the said term and at the
end thereof the same premises and every part thereof in
good and sufficient repair at his and their own costs
and charges shall and will leave and yield up AND ALSO
shall and will from time to time during the said term
hereby demised at his and their costs and charges bear
pay and discharge the Land Tax and other Taxes Rates
Impositions and Assessments which now are or which at
any or times hereafter during the said Term hereby
demised shall be taxed assessed or imposed upon or be
payable in respect of the said hereby demised premises
or any part thereof by Authority of Parliament or
otherwise howsoever AND ALSO shall and will do and
perform Suit Service to and at all and every the court
and courts of the said Anna Maria Agar and such person
or persons as for the time being shall be so entitled as
aforesaid which shall be held and kept for her and their
Manor of Treffry and faithfully serve discharge and
execute the Office of Reeve of such Court of Courts and
all other Offices Suits and Services as other the
Conventionary Tenant of the said Manor usually do and
perform have been accustomed or ought to do and perform
AND ALSO shall and will within 3 months next after
notice to him or them given or left on the said premises
or at his or their place of abode for the time being
produce and show forth unto the said Anna Maria Agar and
such person and persons as shall be so entitled as
aforesaid the several lives above named or otherwise
make it appear to her or them within the time aforesaid
or within a reasonable time if the said several lives or
either of them happen to be in foreign parts by good and
sufficient certificate that such of them be living AND
the said Anna Maria Agar her Executors Administrators
and Assigns Joseph Hamley and according to and to the
extent of her Estate and Interest in the premises hereby
demised doth hereby covenant promise and agree with the
said Joseph Hamley his Executors Administrators and
Assigns Joseph Hamley that it shall and may be lawful to
and for the said Joseph Hamley his Executors
Administrators and Assigns Joseph Hamley paying the
Rents Heriots and Duties hereby reserved and performed
fulfilling and keeping all and singular the Covenants
Clauses Articles and Agreements herein before mentioned
and contained and which on the part and behalf of the
said Joseph Hamley his Executors Administrators and
Assigns Joseph Hamley are ought to be paid done
performed fulfilled and kept peaceably and quietly to
have hold use occupy possess and enjoy the premises
hereby demised for and during the said term of 99 years
determinable as aforesaid without the lawful let suit
trouble denial eviction or interruption of or by the
said Anna Maria Agar or her Assigns or any other person
or persons claiming under her IN WITNESS where of the
parties aforesaid have hereunto set their hands and
seals Attached
Return to
Bodmin
Parish Page
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |
