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THIS INDENTURE made the 25th day of March 1855 BETWEEN JOSEPH OSBERTUS HAMLEY of Wellington in the Colony of New Zealand Deputy Storekeeper there of the one part and EDMUND GILBERT HAMLEY of Bodmin in the County of Cornwall                   of the other part WHEREAS by Indenture of Lease and Release and Assignment by way of mortgage bearing date on or about the 24th and 25th days of March 1835 made between Joseph Hamley Surgeon the deceased father of the said Joseph Osbertus Hamley and Edmund Gilbert Hamley of the one part William Courtenay Esquire and Samuel Wriford a Commander in the Royal navy of the other part the hereditaments and premises firstly hereafter described and intended to be hereby granted and released were in consideration of the sum of £700 released and assigned respectively unto the said William Courtenay and Samuel Wriford their heirs executors administrators and assigns respectively upon trust to reconvey and assign the same on payment of the sum of £700 with interest for the same at the rate of therein mentioned but in payment whereof default is made AND WHEREOF by Indentures of Lease and Release bearing date respectively on or at the 20th and 21st days of March 1814 the Indenture of Release being made between Peter Edward Scoble Doctor of medicine of the one part and the said Joseph Hamley of the other part all those fields meadows closes or plots of lands containing by estimation half an acre of land or thereabouts be the same more or less situate lying and being in the same Borough of Bodmin and bounded on the east with the land of John Pomeroy Clerk then deceased on the west by the lands then or late of Christopher Sloggett deceased on the north with the back lane and on the south with the north end of the Methodist Chapel in the said Borough of Bodmin and then late in the occupation of the said Peter Edward Scoble and then of Nicholas Sibly with the appurtenances thereunto belonging were conveyed and assured unto and to the use of the said Joseph Hamley his heirs and assigns forever AND WHEREAS by Indentures of Lease and Release bearing date respectively on or about the 10th and 11th days of March 1830 the Indenture of Release being made between Richard Coom Gentleman of the one part and the said Joseph Hamley of the other part all that plot of ground in Burnards lane situated within the said Borough of Bodmin bounded on the east and south by the lands of Richard Wright on the north by a Lane called Burnards or Back Lane and on the west by the lands of the said Joseph Hamley and formerly in the possession of Christopher Sloggett was in consideration of £30 paid by the said Joseph Hamley to the said Richard Coom conveyed and assured by the said Richard Coom unto and to the use of the said Joseph Hamley his heirs and assigns forever AND WHEREAS the said Joseph Hamley departed (????????) first day of January 1854 having first duly made and published his last will and testament in writing bearing date the 17th day of December 18?3 and thereby devised and bequeathed all his real and personal estate of whatever nature and kind soever and whatsoever unto his three sons Francis Gilbert Hamley and the said Edmund Gilbert Hamley and Joseph Osbertus Hamley in equal shares as tenants in common subject to his just debts funeral and testamentary expenses and an annuity of £20 to his servant Ann Phillipps for her life and did appoint his said 3 sons executors of his said will and which said will was afterwards duly proved by the said Francis Gilbert Hamley and Edmund Gilbert Hamley in the Archdeaconry Court of Cornwall on the 4th day of July 1854 power being reserved by granting the like probate to the said Joseph Osbertus Hamley AND WHEREAS the said Edmund Gilbert Hamley hath already purchased the one undivided third part or share of him the said Francis Gilbert Hamley of and in the freehold and leasehold hereditaments and premises hereinafter described and hereby granted and assigned or mentioned and intended to be and hath also abstracted with the said Joseph Osbertus Hamley for the absolute purchase of the said one third part or share of the said Joseph Osbertus Hamley in equity of redemption of the said freehold hereditaments and premises firstly hereinafter mentioned subject to the said mortgage debt of £700 and all interest now due or thereon and thereafter to grow due but free from all other incumbrances and also for his the said Joseph Osbertus Hamley undivided third part or share of and in all other the lands and hereditaments hereinafter mentioned and hereafter mentioned and hereby granted and released for the sum of £51  10/- NOW THIS INDENTURE WITNESSETH  that in pursuance of the said recited contract and in consideration of the sum of £51  10/- sterling paid by the said Edmund Gilbert Hamley to the said Joseph Osbertus Hamley the execution hereof the receipt of which the said Joseph Osbertus Hamley doth hereby acknowledge and there from doth by these presents release exonerate and for ever discharge the said Edmund Gilbert Hamley his heirs executors administrators and assigns HE the said Joseph Osbertus Hamley by these presents grant and release unto the said Edmund Gilbert Hamley and his heirs FIRST ALL THAT the said one undivided third part or share of him the said Joseph Osbertus Hamley of and in equity of redemption of all that messuage or dwelling house plot or close of land thereunto adjoining situated lying and being in the Borough of Bodmin in a certain street called Fore Street and formerly the lands of Elizabeth the wife of John Pomeroy Esquire deceased and Catherine Pennington and late of the said Joseph Hamley deceased and now of the said Edmund Gilbert Hamley SECONDLY all those the aforesaid 2 fields meadows closes or plots of land and all and singular other the premises so as aforesaid granted released conveyed And assured by the said Edward Scobell unto and to the use of the said Joseph Hamley deceased by the said hereinbefore recited Indenture of Lease and Release of the 20th and 21st days of March 1814 THIRDLY all that the aforesaid plot of land in Burnards Lane situate within the said Borough of Bodmin and so conveyed and assured unto and to the use of the said Joseph Hamley by the said hereinbefore recited Indenture of Lease and Release of the 10th and 11th days of March 1830 And all rights members and appurtenances to the said hereditaments and premises firstly secondly and thirdly hereinbefore described belonging or appertaining And all the estate benefit and right of redemption property claim and demand of him the said Joseph Osbertus Hamley therein TO HAVE AND TO HOLD  the said undivided third part or share of or in the said messuage or dwelling house plot or close pf land fields meadows closes or plots of land thereunto adjoining and also the said plot of ground in Burnards Lane and all and singular other the premises firstly secondly and thirdly hereinbefore described and hereby granted and released with their appurtenances but subject nevertheless and chargeable with the said hereinbefore described and hereby granted and released with their appurtenances but subject nevertheless and chargeable with the hereinbefore recited Mortgage unto the said Edmund Gilbert Hamley and his heirs TO THE USE of the said Edmund Gilbert Hamley his heirs and assigns for ever AND IT IS HEREBY DECLARED that no Widow of the said Edmund Gilbert Hamley shall be entitled to Dower out of the said hereditaments and premises hereby granted and released any part of the same And the said Joseph Osbertus Hamley doth hereby for himself his heirs executors and administrators covenant with the said Edmund Gilbert Hamley his heirs executors administrators and assigns that notwithstanding any act done or permitted by him the said Joseph Osbertus Hamley or the said Joseph Hamley deceased to the contrary He the said Joseph Osbertus Hamley now hath in himself good right to grant release assign and assure the equity of redemption of the said one undivided third part of the said freehold hereditaments and premises unto and to the use of the said Edmund Gilbert Hamley his heirs executors administrators and assigns respectively and according to the nature and quality of the said premises in manner aforesaid according to the true intent and meaning of these presents AND FOREVER that subject and chargeable as aforesaid the same freehold hereditaments and premises shall and may from time to time and at all times hereafter be held and enjoyed according to the uses hereinbefore declared concerning the same without let suit eviction disturbance of or by the said Joseph Osbertus Hamley or any other person or persons whomsoever rightfully claiming under him the said Joseph Hamley deceased And that free from all incumbrances except the hereinbefore mentioned Mortgage made and created by the said Joseph Osbertus Hamley or the said Joseph Hamley deceased or by any other person or persons rightfully claiming under them or either of them AND MOREOVER that the said Joseph Osbertus Hamley and all other persons rightfully claiming any estate interest in the said undivided third part or share of the said freehold premises hereby granted and released under him the said Joseph Hamley deceased (except persons claiming in respect of the said recited Mortgage Security) will from time to time and at all times hereafter at the request and costs of the said Edmund Gilbert Hamley his heirs executors administrators or assigns (but subject and nevertheless without prejudice to the said recited Mortgage Security) make do acknowledge enter into execute and perfect or cause to procure to be made done acknowledged entered into executed and perfected all such further and other lawful and reasonable acts deeds devices conveyances and assurances in the Law whatsoever for the further better or more peaceful and satisfactory granting releasing assigning and assuring the said freehold premises hereby granted released and assigned unto and to the use of the said Edmund Gilbert Hamley his heirs executors administrators and assigns according to the nature and quality of the said premises respectively as the said Edmund Gilbert Hamley his heirs executors administrators or assigns or his or their Counsel in the Law shall require and as shall be tendered to be done and executed AND the said Edmund Gilbert Hamley doth hereby for himself his heirs executors and assigns covenant with the said Joseph Osbertus Hamley his heirs executors administrators and assigns that he the said Edmund Gilbert Hamley his heirs executors or administrators will pay off and discharge the said Mortgage debt so chargeable upon the said freehold and leasehold hereditaments and premises hereby granted and released and also assigned and to which the said Joseph Osbertus Hamley his heirs executors or administrators would otherwise be liable and all interest now or henceforth to grow or accrue due in respect thereof And also shall and will from time to time and at all times hereafter save defend keep harmless and indemnified the said Joseph Osbertus Hamley his heirs executors and administrators and his and their lands tenements goods and chattels of and from the same and every part thereof IN WITNESS whereof the said John Basset Collins by virtue of power contained in a certain Deed Poll hath herein set the seal and subscribe the name of the said Joseph Osbertus Hamley the day and year first above written

Joseph Osbertus Hamley Edmund Gilbert Hamley
John Basset Collins his Attorney  

Witnessed on Reverse

Henry Drew Bookseller Bodmin

Tho. George Clerk to Mr J B Collins Solicitor Bodmin             

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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document.