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1 Oct 1834 St Ervan (Document in appalling condition from water damage. MMc) THIS INDENTURE made the 1st day of October in the year of Our Lord 1834 BETWEEN JAMES HAWKEN of the Parish of Saint Ervin in the County of Cornwall Yeoman of the first part JOSEPH HAWKEN of the same Parish of Saint Ervan Yeoman of the second part and SUSANNAH HENWOOD of the Parish of Saint Clement in the same County (Saint Clement looks to have been changed, the parchment scratched and overwritten in a different colour ink MMc) ? of the third part WHEREAS by certain indentures of lease and release and assignment bearing date 29th and 30th days of September last the release and assignment made between Richard (believe Binny) of the first part William ? of the second part ? ? ? of the third part the said James Hawken of the fourth part and the said Joseph Hawken of the fifth part for the consideration therein mentioned the said Richard Binny ? bargain unto grant bargain sell and release unto the said James Hawken and his heirs ALL singular the field or close of land and hereditaments thereafter described and ? to be hereby assigned to hold to the said James Hawken his heirs and assigns forever and the said Thomas Whitford (presumably the second part in this indenture MMc) did bargain sell? transfer and set over unto the said Joseph Hawken his executors administrators and assigns all and singular the said several field or closes of land and premises therein and thereafter ? to hold to the said Joseph Hawken his executors administrators and assigns for and during the residue of a certain term of one thousand years therein granted or created in and by a certain indenture bearing date on or about the 25th day of February 1817 made between Anthony Binny (definitely Binny MMc) of the first part Richard Vivian of the second part and John Downing of the third part upon trust nevertheless for him the said James Hawken his heirs ands assigns and to be assigned and transferred of from time to time as he or they should direct and appoint AND WHERAS the said James Hawken hath applied to and requested the said Susannah Henwood to lend and advance the sum of TWO hundred pounds at interest ? ? of the field or close of land hereditaments and premises hereinafter described which she hath agreed to do NOW THIS INDENTURE WITNESSETH that in pursuance of the ? advancement and the consideration of the sum of TWO HUNDRED POUNDS of lawful British money by the said Susannah Henwood to the said James Hawken in hand paid at or immediately before the sealing and delivery of these presents the receipt whereof is hereby acknowledged and hereon indorsed and in consideration of the sum of ten shillings of lawful British money the ? Joseph Hawken in hand paid by the said Susannah Henwood the receipt whereof is hereby acknowledged He the said Joseph Hawken at the request and by the direction of the said James Hawken testified by his being a party and executing these presents HATH bargained sold assigned transferred and set over and by these presents DOTH bargain sell assign transfer and set over ratify and confirm unto the said Susannah Henwood her executors administrators and assigns ALL that field or close of land commonly called or known by the name of LOWER PARK with the MOOR UNDER the same containing together three acres one rood and ten poles customary measure be the same more or less and also all that other field or close of land called or commonly known by the name of the LOWER HIGH PARK with the moor under the same containing three acres one rood and thirty one poles customary measure be the same more or less all which the several fields or closes of land and moors are parts and parcel of a certain tenement situate in the village and fields of Penrose called or known by the name of ? tenement situate lying and being in the Parish of Saint Ervan aforesaid and were sometime since in the occupation (believed MMc) Thomas Roberts ? of Richard Binny but now of the said James Hawken together with an house outhouses edifices buildings three yards garden moors ways paths passages waters water courses watering places commons and commons of pasture mines metals minerals advantages rights members and appurtenances whatsoever to the said several fields or closes of land the hereditaments belonging or in anywise appertaining and the reversion and reversions remainder and remainders rents issues and profits thereof and all? thereof TO HAVE AND TO HOLD the several fields or closes of land and hereditaments hereby assigned or intended so to be with the appurtenances unto the said Susannah Henwood her executors administrators or assigns for and during all the residue and remainder now to come and unexpired of the said term of one thousand years granter or created in or by the here before mentioned indenture bearing date the 25th day of February 1817 subject nevertheless to the proviso for the exemption the said premises hereinafter contained that is to say PROVIDED ALWAYS and these presents are upon express condition that if the said James Hawken his heirs executors administrators and assigns shall well and truly pay or cause to be paid unto the said Susannah Henwood her executors administrators and assigns the full sum of TWO HUNDRED POUNDS of lawful British money and interest for the same at rate of four pounds five shillings for one hundred pounds for a year at or upon the first day of April next without any deduction or abatement whatsoever then and in each case those presents and every clause matter or thing herein contained shall cease determine and be absolutely void to all intent and purposes whatsoever PROVIDED ALSO and it is hereby granted and agreed by and between the said parties to these presents that in case the said James Hawken his heirs executors or administrators make default in payment of the said sum of two hundred pounds or of the interest thereof or either of them or any or any part thereof respectively at the time being from the period of such default at her or their discretion absolutely sell and dispose of the said several fields and closes of land and hereditaments or any part thereof for them? ? of the said term of one thousand years either by public sale or private contract in such lots parcels or manner as she or they shall think fit without the consent or concurrence of the said James Hawken his heirs executors administrators or assigns unto every person or persons whosoever for the best price or prices in money that can be reasonably obtained for the same and shall and may for that purpose unto into make and execute all necessary contracts with an assignation to and assurance to the purchaser or purchasers thereof and it is hereby agreed and declared that the receipt and receipts in writing of the said Susannah Henwood her executors administrators or assigns shall be a sufficient and effectual discharge and discharges to the purchaser or purchasers of all or any part of the said several fields or closes of land hereditaments and premises for his her or their purchase money or monies and that the same purchaser or purchasers his her or their heirs executors administrators or assigns shall not afterwards be answerable or accountable for the loss misapplication or nonapplication or be in anywise obliged or concerned to see the application of the money in such receipt or receipts acknowledged to be received AND it is hereby further agreed and declared between and by the said parties to these presents that the said Susannah Henwood her executors administrators and assigns shall stand and be possessed of the monies to arise by such sale or sales in trust in the first place to pay thereout all costs and expenses attending such sale or sales or otherwise to be incurred in and about the premises and in the next place to retain or pay and satisfy thereout to her the said Susannah Henwood her executors administrators or assigns the said sum of two hundred pounds and the interest thereof or so until or such parts of the said principal and interest sum monies or any of them as shall be then due and unpaid together with all costs and expenses (if any) attending any non-payment thereof and after all the aforesaid principal and interest monies costs and expenses shall be wholly paid and satisfied then in trust to pay over the residue or surplus of the said trust monies unto the said James Hawken his heirs executors or assigns for his or their own use or benefit AND the said James Hawken doth here before ? self his heirs executors and administrators covenant promise and agree with and to the said Susannah Henwood her executors administrators and assigns by these presents (manner and possession I think MMc) that is to say that the said James Hawken his heirs executors or administrators shall well and truly pay or cause to be paid unto the said Susannah Henwood her executors administrators or assigns ? sum of two hundred pounds and the interest thereof at the day or time hereinbefore for that purpose mentioned without any deduction or abatement ? ? ? to the true intent and meaning of these presents AND FURTHER that if default shall be made in payment of the said sum of two hundred pounds the interest thereof or any part thereof contrary to the aforesaid proviso and covenant for payment thereof then and in due case it shall and may be lawful to and for the Susannah Henwood her executors administrators and assigns at any time or times thereinafter during the residue of the said term of one thousand years into and upon the said several fields or closes of land and hereditaments mentioned and intended to be hereby assigned to outer and the ? henceforth PEACEABLY AND QUIETLY to have and to hold occupy possess and enjoy and to receive and take the rents issues and profits thereof for and during all the residue and remainder of the said term of one thousand years without the let suit hindrance interruption or denial of the said James Hawken or Joseph Hawken their heirs executors administrators or assigns or of any other person or persons whomsoever and that free and clear freely and clearly discharged of and from all incumbrances whatsoever AND MOREOVER that the said James Hawken his heirs executors and administrators shall and will at all times hereafter at the request of the said Susannah Henwood her executors administrators or assigns and at the proper costs and charges of the said James Hawken his heirs executors or administrators make up and execute all such further acts deeds and things as the said Susannah Henwood her executors administrators or assigns may require for the more perfect assigning and assuring the said several fields or closes of land and hereditaments for and during all the residue and remainder which shall be then to come and unexpired of the said term of one thousand years hereby assigned or either of them or any part thereof are is can shall or may be charged or incumbered IN WITNESS whereof the said parties to these presents their hands and seals have hereunto set the day and year first above written
Signed on reverse I give to Joseph I give to Jame I give t To James Hawken Wife of Jesia Dawe the sum (Last and only complete page MMc) Return to St Ervan Parish Page
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |