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THIS INDENTURE MADE THE 21ST DAY OF
September 1861 BETWEEN RICHARD COOM of the Borough of
Bodmin in the County of Cornwall Gentleman of the one
part and JOHN ROSEVEAR HARVEY of the Parish of Ladock in
the said County of Cornwall Yeoman of the other part And
whereas by a certain Power of Attorney bearing date the
7th day of May 1855 under the hand and seal of the said
Richard Coom did constitute and appoint the Brother
Felix Elford Coom his true and lawful Attorney and Agent
for him in his name to take possession of let and set
manage and improve his freehold and leasehold
hereditaments and premises in Cornwall or elsewhere and
in his name and as his act and deed to male sign seal
and deliver any agreement contract lease or leases or
other lawful deeds or instruments whatsoever for
granting demising or letting or all or any of the said
subject to such conditions securities covenants and
agreements as he the said Attorney should think fit And
whereas the said Richard Coom and Felix Elford Coom are
both still living and the said Power of Attorney
uncancelled unrevoked and in full force and effect
WITNESSETH that the said Richard Coom in consideration
of the payment of the rents hereinafter reserved and the
performance of the conditions hereinafter contained on
the part of the said John Rosevear Harvey and his Heirs
Executors Administrators and Assigns to be by him and
them performed fulfilled and kept DOTH for himself his
Heirs Executors and Administrators hereby set and to
farm let unto the said John Rosevear Harvey his
Executors Administrators and Assigns ALL that Dwelling
House Messuage Farm land tenement and premises called
Bassetts Tenement formerly Trethurfe Common and
containing with the said premises hereinafter reserved
30 acres 2 roods and 35 poles formerly in the occupation
of Stanaway now of the said John Rosevear Harvey and
Thomas Juliff And also ALL that Dwelling House messuage
farm land and premises called Latches Tenement formerly
also part of Trethurfe Common containing 20 Acres and 22
perches formerly in the occupation of Mrs Vigurs and
Company and now of the said John Rosevear Harvey
EXCEPTING AND RESERVING out of this demise ALL that
Messuage Dwelling House fields closes of land and
premises with their appurtenances part of Trethufe
Common and part of Bassetts Tenement late in the
occupation of Stanaway and now of Thomas Juliff AND ALSO
RESERVING all mines minerals metals quarries and beds of
stone slate gravel marls and sand now or hereinafter to
be found on the said premises And also all timber and
other trees saplings coppice and underwood with liberty
at all times and by all requisite means to take and
carry away the same and to make use and divert water and
watercourses and to sink shafts drive adits erect
engines machinery and buildings and to make floors and
conveniences for working the said mines and for
searching and raising washing removing and returning the
said minerals metals stone clay gravel and marl and to
plant and transplant trees and sow the seeds of trees on
waste places hereby demised RESERVING also the exclusive
right to all game wild fowl and fish upon the said
premises with liberty by himself and others by his
authority to enter upon and inspect the premises and
also to fish shoot and sport thereon To hold from the
29th day of September instant for the term of 21 years
YIELDING AND PAYING therefore yearly during the said
term the rent or sum of £8 free and clear of and from
the Land Tax and all Tithe rent charges rates taxes
outgoings and deductions whatsoever (except the
Landlords property tax) by 4 equal quarterly payments on
Christmas day Ladyday Midsummer day and Michaelmas the
first payment to be made on the 25th day of December
next And the said 25th day of December next and the said
John Rosevear Harvey for himself his Executors
Administrators and Assigns hereby covenants with the
said Richard Coom his Heirs and Assigns as follows that
is to say that he will duly pay the said rent of £8 at
the day next in manner aforesaid And also will bear pay
and discharge the Land tax Tithe rent charges and all
parochial and other outgoings payable in respect of the
said premises (except The Landlords property tax) And
will at all times during the said term at his costs and
charges well and sufficiently repair and amend uphold
sustain maintain scour and keep in good habitable and
tenantable repair order and condition the Dwelling
houses barns stables and other buildings which shall be
erected on the said premises by the said John Rosevear
Harvey and all additions and improvements thereto and
properly paint such parts thereof as are usually painted
and all hedges ditches drains fences gates rails roads
and other appurtenances to the said premises belonging
or which shall hereafter be set up or added thereto
during the said term in by and with all needful proper
and necessary reparations amendments and cleansing
whatsoever both inside and outside And at the end or
other sooner determination of the said term shall and
will peaceably and quietly leave surrender and yield up
the said premises and every part thereof farmed managed
and cultivated according to the rules of good husbandry
and likewise so well and sufficiently repaired and
upheld maintained cleared amended and kept together as
aforesaid with all new buildings additions and
improvements whatsoever which at any time during the
said term shall be erected made or set up upon the said
premises And he will cultivate the said lands and
premises in a good and husband like manner according to
the rules of good husbandry And shall and will bring
upon every acre of the said premises that shall be
broken for tillage at least 80 sacks of sea sand or 40
bushels of lime or double Winchester measure or 300
weight of guano or an equivalent in value of other
artificial manure and so in proportion for a less
quantity than an acre and spread the same thereon in an
husband like manner And shall not nor will take more
than 2 crops of corn or grain after any one such
dressing And shall and will at all time of sowing the
last of such crops which shall be of barley or oats
provide and sow and harrow in a proper and sufficient
quantity of clover and ever grass seeds And shall and
will sow on every acre of the said premises that shall
be tilled with barley or oats of the last year of the
said term six pounds of red and white clover and two
pounds of trefoil and so in proportion for a lesser
quantity than an acre at his and their own expense for
the benefit of the said Richard Coom his heirs or
assigns And shall not nor will cut or mow the grass
(except seeds) or any part of the said premises without
first properly manuring the same And shall not nor will
remove or carry off from the said premises any kind of
reed straw grass clover turnips fodder or any sort of
dung or manure which shall arise grow or be made on the
said premises or which shall and will spread and bestow
the same on the said premises in a husband like manner
And shall and will cut the hedges at seasonable times
only and then properly make and plash the same And shall
not nor will commit any waste on the said premises
PROVIDED ALWAYS that if the said yearly rent hereby
reserved or any part thereof shall remain unpaid by the
space of 21 days next after either of the said days of
payment aforesaid and within 10 days after the same
shall have been demanded of the said John Rosevear
Harvey his Executors Administrators and Assigns or by
notice in writing affixed on any part of the several
premises hereby demised or in case the said tenant his
Executors Administrators and Assigns shall not fulfil
perform and observe the covenants and agreements herein
contained and which on his or their part are to be done
or performed or in case the said John Rosevear Harvey
his Executors Administrators and Assigns shall become
Bankrupt or Insolvent or make any Bill of Sale or
Assignment of his Estate or effects or shall suffer
execution or extent or if the said term or any interest
of the said John Rosevear Harvey therein of and in the
said demised premises or any part thereof shall be
seized or taken in execution under any process
whatsoever for any debt or demand due or owing from the
said John Rosevear Harvey or if the said John Rosevear
Harvey shall do or suffer any act whereby the said
premises shall or may be affected then and in either of
the said cases it shall be lawful for the said Richard
Coom his heirs or assigns into and upon the premises
hereby demised or any part thereof in the name of the
whole to re-enter and the same again to repossess and
enjoy as of his or their former estate And the said
Richard Coom for himself his heirs or assigns doth
hereby covenant with the said John Rosevear Harvey his
Executors Administrators and Assigns the yearly rent
hereby reserved and performing the covenants on his part
to be performed as aforesaid shall and may quietly hold
the said premises with the appurtenances during the term
aforesaid without any interruption or disturbance by the
said Richard Coom his heirs or assigns or any other
person claiming by from or under him or either of them
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 sealed and delivered by the said
John Rosevear Harvey in the presence of
Return to Ladock
Parish Page
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |