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THIS INDENTURE made the 3rd day of October in the 44th 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 1804 BETWEEN John Cock of Port Isaac in the Parish of Endellion in the County of Cornwall Esquire of the one part and Thomas Buller of the Parish of Endellion Yeoman of the other part WITNESSETH that for and in consideration of the sum of £110 of lawful money of Great Britain to the said John Cock in hand well and truly paid by the said Thomas Buller at or before the sealing and delivery of these presents the receipt whereof he doth hereby acknowledge and thereof and of and from the same and every part thereof doth acquit release and discharge the said Thomas Buller his Executors Administrators and Assigns HE the said John Cock HATH granted demised leased set and to farm let and in and by these presents DOTH grant demise lease set and to farm let unto the said Thomas Buller his Executors Administrators and Assigns ALL THAT Dwelling House and Garden called or commonly known by the name of BULLERS HOUSE situate lying and being in the village of Trewethick within the said Parish of Endellion and now in the occupation of John Buller AND ALSO ALL that one little meadow adjoining the said Dwelling House and garden now in the occupation of James Hill AND ALSO ALL that piece or plot of ground known by the name of LITTLE PENNY PIECE now in the occupation of the said James Hill containing about 20 yards of land be the same more or less adjoining to Mr Grays Prebend within the said Parish of Endellion Together with all ways paths passages easements rights members advantages and appurtenances whatsoever belonging to the said several premises hereby demised and every part thereof (excepting and always reserving from and out of this present grant and demise unto the said John Cock his Heirs and Assigns All timber trees of oak ash elm and sycamore and all other trees whatsoever and all saplings likely to become such now standing or growing or hereafter to during the Term hereby demised to stand or grow in and upon the said several premises and all tin tin ore copper copper ore antimony mines metals minerals and quarries of stone now found or wrought to dig delve and search for such tin copper ores antimony mines metals minerals and quarries of stone and the same there found to bring to grass dress work up take and carry away at his and their wills and pleasure AND ALSO excepting and reserving free liberty for the agents workmen and servants of the said John Cock his Heirs and Assigns to enter into and upon the said several premises hereby demised at all times during the said term and to view and inspect into the State and Condition thereof TO HAVE AND TO HOLD the said Dwelling House garden meadow piece or plot of ground and other premises hereby demised and every part and parcel thereof with the appurtenances (except before excepted) unto the said Thomas Buller his Executors Administrators and Assigns from the 29th day of September last past for and during and unto the full end and term of 99 years from thence next ensuing and fully to be complete and ended If William Buller son of the said John Buller aged 22 years Phillippa Mably aged 14 years and Humphry Mably aged 11 years son and daughter of Henry Mably of the Parish of Endellion in the said County of Cornwall Yeoman or any or either of them shall so long happen to live YIELDING AND PAYING therefore yearly and every year during the continuance of the said demised Term unto the said John Cock his Heirs or Assigns the Rent or sum of 5/- of lawful money of Great Britain at the 4 most usual feasts or days of Payment of Rents in the year AND ALSO YIELDING AND PAYING the sum of 5/- for and in the name of an Heriot or Farlief at or upon the death or deaths of them the said William Buller Phillippa Mably and Humphry Mably AND the said Thomas Buller doth hereby for himself his Executors Administrators and Assigns covenant promise and agree unto and with the said John Cock his Heirs and Assigns in manner following that is to say that he the said Thomas Buller his Executors Administrators and Assigns shall and will well and truly pay or cause to be paid unto the said John Cock his Heirs or Assigns the said yearly rent and the Heriot thereby reserved when and so often as the same shall become due and payable as aforesaid AND ALSO shall and will during the said term repair maintain and keep in good and tenantable repair the said Dwelling house garden meadow piece or plot of ground and premises hereby demised as well in wells roofs floors doors windows partitions hedges gates and fences as in all other needful and necessary reparations whatsoever and the same and every part thereof so well and sufficiently repaired maintained and kept in good repair at the end or other sooner determination of the said hereby demised Term shall and will quietly and peaceably leave and yi4eld up BUT AND IF the said yearly Rent and payments hereby reserved or any part thereof shall be behind or unpaid by the space of 28 days next after any or either of the said Feasts or Days of Payment or times whereon the same shall respectively become due and payable as aforesaid (being lawfully demanded) and no sufficient Distress or Distresses during all that time can or may be found in or upon the said demised premises or any part or parts thereof whereby to levy the same with the Arrears thereof (if any) OR IF the said Thomas Buller his Executors Administrators and Assigns shall at ant time during the said term suffer the said several premises hereby demised or any part thereof to be put of repair or in decay to the value of 40/- or more and shall not within 3 months next after Notice in Writing to him or them for that purpose given or left at his or their place or places of abode well and sufficiently repair and amend the same OR shall do commit or suffer or procure to be done or committed any waste spoil or destruction thereon or thereto any matter or thing whatsoever which shall or may be hurtful or prejudicial to the said premises or to the estate of the said John Cock his Heirs or Assigns therein THAT THEN and from thenceforth for all any or either the Causes aforesaid it shall and may be lawful to and for the said John Cock his Heirs and Assigns into and upon the said hereby demised premises or any part thereof in the name of the whole to re-enter and the same to have again retain repossess and enjoy as in his or their former Right and Estate these presents or any thing herein contained to the contrary thereof in anywise notwithstanding AND the said John Cock doth hereby for himself his Heirs and Assigns covenant promise and grant unto and with the said Thomas Buller his Executors Administrators and Assigns in manner following that is to say that he the said Thomas Buller his Executors Administrators and Assigns by and under the payment of the said yearly Rent and performance of the Covenants Exceptions and Agreements herein contained and on his and their parts and behalf to be paid done observed performed fulfilled and kept shall and lawfully may quietly and peaceably have hold use occupy possess and enjoy the said Dwelling House Garden Meadow piece or plot of Ground and premises hereby demised and every part and parcel thereof with the appurtenances (except before excepted) for and during the said Term hereby demised and determinable as aforesaid without any the lawful Let Suit Trouble Eviction Ejection Disturbance Interruption or Denial whatsoever of or by him the said John Cock his Heirs or Assigns or of or by any other person or persons whomsoever IN WITNESS whereof the parties aforesaid to these presents their hands and seals INTERCHANGEABLY have set the day and year first above written John Cock Witnessed on reverse Return to St Endellion Parish Page
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |