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Indenture dated 17 June 1843

This Indenture made the Seventeenth day of June in the year of our Lord One thousand eight hundred and forty three BETWEEN Richard Hocking of the Borough of Bodmin in the County of Cornwall Grocer of the one part and Thomas Pearce the Younger of the parish of Helland in the said County Gentleman of the other part WHEREAS by an Indenture of Lease bearing date the Third day of January One thousand eight hundred and thirty seven and made or expressed to be made between The Mayor Aldermen and Burgesses of the said Borough of the first part, Richard More O’Fenall Esquire, the Right Honourable Thomas Spring Rice and Robert Steuart Esquire Three of the Lords Commissioners of His Majesty’s Treasury of the second part and the said Richard Hocking of the third part. The piece of land lately enclosed by the said Richard Hocking hereinafter described and intended to be hereby assigned with the appurtenances (except as therein is and are excepted and reserved) was demised by the said Mayor, Aldermen and Burgesses with the approbation of the said Lords Commissioners testified by their being made parties to and executing the now reciting Indenture of Lease to the said Richard Hocking for the term of ninety nine years if Richard Hocking then aged Twenty two years, Elizabeth Isabella Hocking then aged Nineteen years son and daughter of the said Richard Hocking, and Joseph Harvey then aged eight years son of William Harvey of Halgavor Labourer or either of them should so long happen to live subject to the yearly rent thereby reserved and under and subject to the easements conditions and agreements therein contained on the part of the said Richard Hocking his executors administrators and assigns to be observed and performed AND WHEREAS the said Thomas Pearce the younger hath contracted and agreed with the said Richard Hocking for the absolute purchase of the fields or Closes of Land and premises comprised in the said hereinbefore in part recited Lease as enclosed by the said Richard Hocking for the now residue of the said term of ninety nine years determinable as aforesaid at or for the price or Sum of One hundred and Ten Pounds NOW THIS INDENTURE WITNESSETH that in consideration of the Sum of One Hundred and Ten Pounds Sterling Money to the said Richard Hocking in hand paid by the said Thomas Pearce the Younger upon or before the sealing and delivery of these presents the receipt whereof in full for the purchase of the said premises the said Richard Hocking doth hereby acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and discharge the said Thomas Pearce the younger his executors administrators and assigns he the said Richard Hocking DOTH by these presents grant bargain sell and assign unto the said Thomas Pearce the younger his executors administrators and assigns ALL those Two Fields or closes of Land formerly part of the waste Lands or Commons belonging to the said Borough of Bodmin situate at Cooksland containing by admeasurement Three acres and Sixteen Perches by the same more or less bounded on the West by the New Turnpike Road leading from Bodmin to Gallywith Gate on the south and East by a New Turnpike Road leading from Priors Barn Gate to Callywith Gate aforesaid and on the South by fields lately enclosed by William Fiddick being the piece of Land comprised in and demised by the said hereinbefore in part recited Indenture of Lease as the same has been since enclosed by the said Richard Hocking Together with all and singular the rights members and appurtenances to the same belonging or appertaining AND all the Estate right title interest term and terms of years now to come and unexpired property claim and demand whatsoever both at Law and in Equity of him the said Richard Hocking of in to or respecting the same premises TO HAVE AND TO HOLD the said Fields or closes of Land and premises hereby assigned or intended so to be with the appurtenances the said Thomas Pearce the younger his executors administrators and assigns from henceforth for all such residue or remainder of the said Term of Ninety nine years in and by the said hereinbefore in part recited Indenture of Lease granted as is now to come and unexpired by effluxion of time subject nevertheless to the payment of the yearly rent thereby reserved and to the observance and performance of the covenant and agreements which on the Tenants part are thereby required to be observed and performed AND the said Richard Hocking doth hereby for himself his heirs executors and assigns covenant grant and agree with and to the said Thomas Pearce the younger his executors administrators and assigns in manner following that is to say that for and notwithstanding any act deed manner or thing by him the said Richard Hocking done occasioned or knowingly suffered to the contrary the said in part recited Indenture of Lease is and during the residue now to come of the said term of Ninety nine years thereby granted will remain and be a valid and effectual Lease both at Law and in Equity AND ALSO that the Rent thereby reserved has been duly paid up to the Twenty ninth day of September last and that by or on the part of the tenant of the said premises to be preformed or observed have been duly observed and performed up to the date of these presents AND ALSO that for and notwithstanding any such act deed matter or thing as aforesaid he the said Richard Hocking hath full power and lawful and absolute authority to assign and assure the same premises unto the said Thomas Pearce the younger his executors administrators and assigns in the manner aforesaid for the remainder of the said Term of Ninety nine years now to come therein or so mentioned to be as aforesaid AND that he the said Thomas Pearce the younger his executors and assigns shall or lawfully may at all times hereafter during such remainder of the said term peaceably enter upon and hold and enjoy the fields or closes of land and premises and take and retain the rents and profits thereof from the Twenty fourth day of June next to come for his and their own use without any molestation or interruption whatsoever by the said Richard Hocking his executors administrators or other person whomsoever entitled from under or for him them or either of them free from all former and other Estates titles charges and incumbrances whatsoever by him them or any or either them created occasioned or knowingly suffered (the aforesaid rents and covenants only excepted) AND FURTHER that he the said Richard Hocking and all persons now or hereafter during the said term having or rightfully claiming any Estate title trust charge or interest in to upon or respecting the said fields or closes of land and premises or any part thereof shall and will at any time and from time to time hereafter during the continuation of the said term upon the reasonable request and at the expence of the said Thomas Pearce the younger his executors administrators or assigns make do sign seal deliver and perfect all and every such further act deeds assignments and assurances in the Law whatsoever for the better more absolutely or satisfactorily assigning and assuring the said fields or closes of land and premises unto and for the benefit of the said Thomas Pearce the younger his executors administrators or assigns for the remainder which shall be then to come of the said term as by him or them or his or their counsel shall be reasonably advised and required AND the said Thomas Pearce the younger doth hereby for himself his heirs executors and administrators covenant and agree with and to the said Richard Hocking his executors administrators and assigns in manner following, that is to say, that he the said Thomas Pearce the younger his executors administrators and assigns shall and will at all times hereafter during the remainder now to come of the said term of Ninety nine years well and truly pay and satisfy the yearly rent by the said in part recited Indenture of Lease reserved at such times and in such manner as the same is thereby made payable and likewise shall and will observe and perform the covenants and agreements from henceforth on the Tenants part to be paid performed and observed during the residue of the said Term 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.
(signed) Richard Hocking Thomas Pearce Younger.
 

On reverse:

Received the day and year first within written of
and from the within named Thomas Pearce the Younger the
Sum of One hundred and ten Pounds being the full
consideration money within mentioned to be paid by me
As witness my hand Richard Hocking
Witnessed by J W Banfield


1843 17 June Cooksland Bodmin reverse 2
Signed Sealed and Delivered
by the within named Richard Hocking and
Thomas Pearce the younger in the presence
of
J W Banfield
Clerk to Mr .... Solicitor Bodmin

 
  £110