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THIS INDENTURE made the 29th day of July 1867 BETWEEN WILLIAM MARSHALL of the Parish of Lanivet in the County of Cornwall Yeoman of the one part and CHARLES SOBEY of Treliggan in the said Parish Gentleman of the other part WHEREAS by Deed of Conveyance bearing date the 18th day of July 1867 under the hands of 2 of the Enclosure Commissioners for England and Wales and the Official Seal of the said Company they the said Commissioners did convey unto the said William Marshall his Heirs and Assigns All that piece or parcel of Land of Reperry Common in the Parish of Lanivet in the County of Cornwall being allotment numbered 5 on the Map annexed to the Award of the Valuer acting in the matter of the above mentioned enclosure containing by admeasurement 5 acres 1 rood and 30 poles Excepting thereout to the Lord of the Manor of Reperry and to his Heirs and Assigns for the time being all mines minerals stone and other substrata under the said Land with power to enter and search for and work the same as therein mentioned he and they making compensation for all damage done to such surface To Hold the same unto the said William Marshall his Heirs and Assigns for ever AND WHEREAS the said Charles Sobey hath on the application of the said William Marshall agreed to lend him the sum of £60 on having the repayment thereof with interest secured to him in the manner hereinafter expressed NOW THIS INDENTURE WITNESSED that in pursuance of the said Agreement and in consideration of £60 now paid in hand to the said William Marshall by the said Charles Sobey the receipt whereof the said William Marshall doth hereby acknowledge and from the same doth release the said Charles Sobey his Heirs Executors Administrators and Assigns He the said William Marshall doth hereby grant unto the said Charles Sobey his Heirs and Assigns ALL THAT piece or parcel of Land part of Reperry Common in the Parish of Lanivet aforesaid being allotment numbered 5 on the Map annexed to the Award of the Valuer containing by admeasurement 5 acres 1 rood and 30 poles as hereinbefore more particularly described Excepting thereout as in the hereinbefore recited Deed of Conveyance is excepted and all the Estate Right Title and Interest Claim and Demand whatsoever of the said William Marshall in and to the said premises and every part thereof TO HAVE AND TO HOLD the hereditaments and premises hereby granted or expressed so to be unto and to the use of the said Charles Sobey his Heirs and Assigns for ever subject to the proviso for redemption hereinafter contained PROVIDED ALWAYS and it is hereby agreed and declared that if the said William Marshall his Heirs Executors Administrators or Assigns shall on the 29th day of January next pay to the said Charles Sobey his Executors Administrators or Assigns the sum of £60 with interest for the same after the rate of £5 per cent per annum computed from the date of these presents then and in such case the said Charles Sobey his Heirs and Assigns shall upon the request and at the costs of the said William Marshall his Heirs and Assigns re-convey the said hereditaments and premises hereby granted or expressed so to be unto and to the use of the said William Marshall his Heirs and Assigns or as he or they shall direct AND the said William Marshall doth hereby for himself his Heirs Executors Administrators or Assigns Covenant with the said Charles Sobey his Executors Administrators or Assigns in manner following that is to say that he the said William Marshall his Executors Administrators or Assigns will on the 29th day of January next pay unto the said Charles Sobey his Executors Administrators or Assigns the sum of £60 with interest for the same after the rate of £5 per annum computed from the date of these presents And if the sum of £60 shall not be paid on the said 29th day of January next then will on the 29th day of July in every year pay unto the said Charles Sobey his Executors Administrators or Assigns Interest after the rate aforesaid on the said sum of £60 or on so much thereof as shall for the time being remain owing until the said sum shall be fully paid And that he the said William Marshall now hath good right to grant the hereditaments and premises hereby granted or expressed so to be unto and to the use of the said Charles Sobey his Heirs and Assigns in manner aforesaid And that if default shall be made in payment of the said sum of £60 or the interest thereof or any part thereof on the 29th day of January next the said Charles Sobey his Heirs and Assigns may at any time thereafter enter into and upon the said hereditaments and premises and shall thenceforth quietly possess and enjoy the same and receive the rents and profits thereof without any lawful eviction interruption claim or demand from or by any person or persons whomsoever and that free from incumbrances And it is hereby agreed and declared that it shall be lawful for the said Charles Sobey his Executors Administrators or Assigns at any time or times without any further consent on the part of the said William Marshall his Heirs and Assigns or even against his or their consent to sell the hereditaments and premises hereby granted or expressed so to be or any part or parts thereof either together or in lots and either by Public Auction or Private Contract and either with or without special condition or stipulations relative to Title or otherwise with power to buy in the said premises or any part thereof at any sale by auction and to rescind and Contract for the sale thereof and to resell the same from time to time without being answerable for any loss or diminution in price and with power also to execute assurance give effectual receipts for the purchase money and do all other acts and things for completing the sale which the said Charles Sobey his Executors Administrators or Assigns shall think proper and it is hereby agreed and declared that the said Charles Sobey his Executors Administrators or Assigns shall with and out of the monies to arise from any such sale as aforesaid in the first place pay and retain the costs and expenses attending such sale or otherwise incurred in relation to this security And in the next place pay and satisfy the monies which shall then be owing upon the security of these presents and shall pay the surplus (if any) to the said William Marshall his Heirs and Assigns PROVIDED ALWAYS and it is hereby agreed and declared that the power of sale hereinbefore contained shall not be expressed unless default shall be made in payment of the said principal sum of £60 or the interest thereof or some part thereof respectively on the said 29th day of January next and also for the space of 6 calendar months next after a notice in writing requiring such payment shall by or on behalf of the said Charles Sobey his Executors Administrators or Assigns have have been given to the said William Marshall his Heirs Executors or Administrators or some or one of them or left at their usual or be it known place or respective places of abode in England or Wales of the said William Marshall his Heirs Executors or Administrators or one of them or left upon or affixed to some part of the Hereditaments or Premises hereby granted or unless default shall be made in some yearly payment of Interest or some part thereof for the space of 6 Calendar months after the time hereby appointed for such payments PROVIDED ALSO and it is hereby declared that no purchaser upon any sale under the power hereinbefore contained shall be bound or concerned to see or enquire whether any such default has been made or whether any such notice has been given or left or affixed as aforesaid or otherwise as to the necessity or propriety of such sale or be affected by notice that no such default has been made or notice given or left or affixed as aforesaid or that the sale is otherwise unnecessary or improper IN WITNESS whereof the said parties to these presents to these presents their hands and seals have set the day and year first above written William Marshall
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |