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Indenture dated 5 March 1804THIS INDENTURE Made the
Fifth Day of March in this year of our Lord One Thousand and Eight
Hundred and four BETWEEN Samuel Kekewich of Peamare House in the County
of Devon Esquire of the one part and JOHN GROSE and WALTER GROSE both of
the parish of Lanivet in the County of Cornwall Yeomen of the other part
WITNESSETH that for and in Consideration of the Sum of Sixty Pounds OF
LAWFUL Money of Great Britain unto him the said Samuel Kekewich in hand
paid by them The said John Grose and Walter Grose at or before the
Sealing and Delivery hereof (His Receipt whereof is hereby acknowledged)
He the said Samuel Kekewich HATH demised leased granted and to farm
letten And in and by those presents DOTH demise lease grant and to farm
let unto them the said John Grose and Walter Grose their Executors
Administrators and Assigns ALL that Lower House next adjoining to
Lanivet Church Stile with the Garden Orchard and Outhouses thereunto
belonging formerly in the possession of Honor Parnall AND ALSO ALL that
Meadow lying above a Dwelling House heretofore in the possession of One
David Watts deceased The Hill-Field above the said meadow The Two
Church-parks The Long-park The Great Gum and Two parts in Three parts
divided or to be divided of and in All that field or Close of Land
called the Binge AND ALSO One half of a Moiety and of One Twelfth part
of the other Moiety of the Herbage and pasture in and throughout a
certain Wood called Lanivet Wood for all commonable Cattle at all
seasonable Times of the year ALL which said premises are situated lying
and being in and about Lanivet Church Town in the parish of Lanivet
aforesaid and are computed to be the Moiety on Hasendale of a Messuage
and Tenement heretofore in the possession of Thomas Barrows Together
also with Commons and Common of pasture and Turbary in and upon the
Common
within the Manor of Lanivet and Lamorrack And all Ways Watercourses
Easements Commodities Advantages and Appertenances to the said hereby
demised premises belonging or appertaining All which said premises
hereby demised or intended so to be are now in the Tenure Holding or
occupation of them the said John Grose and Walter Grose their Assignee
or Assign Tenant or Undertenants EXCEPTING and always reserving out of
this present Grant and Demise unto the said Samuel Kekewich and his
Heirs and Assigns All Timber Trees of what Nature or Kind so ever and
all young Saplings likely to become Timber Trees in or upon the said
demised premises now growing or hereafter to grow AND also all Mines
Metals Minerals Fossils and Quarries of Stone of what Kind so ever now
found dug or wrought or hereafter to be
found dug or wrought in or upon the said demised premises or any part
thereof with full power Liberty and Authority to and for the said Samuel
Kekewich his Heirs and Assigns Servants Agents and Workmen to come in
and upon the said demised premises or any part thereof to view fell cut
down root
work up and carry away the said Timber Trees and young Saplings And to
dig and search for Mines Metals Minerals Fossils and Quarries of Stone
and to remove and carry off the produce thereof with any Manner of
Carriages and Conveniencies whatsoever at his and their Will and
pleasure TO HAVE AND TO HOLD all and singular the said premises hereby
demised or intended so to be with their Appurtenances (Except as before
Excepted) unto
them the said John Grose and Walter Grose their Administrators and
Assigns for and during this
Term and time of Fourscore and Nineteen Years fully to be complete and
ended IF the above named Walter Grose now aged about Twenty five Years
shall so long happen to live The said Term to commence and begin
immediately from and after the Deaths or Deceases of Richard Thomas of
Lanivet aforesaid and Richard Grose (Brother of the said John Grose and
Walter Grose ) or other lawful Determination of the Estate and Interest
heretofore granted and now in being of and in the said demised premises
and not before YIELDING AND PAYING therefore unto the said Samuel
Kekewich his Heirs and Assigns (after his Commencement and during the
Continuance of the said Term hereby granted) the Sum or Yearly Rent of
One pound and One Shilling of lawful Money of Great Britain by even and
equal quarterly payments at the four most usual Feasts or Days of
payment in the Year (that is to say) the Feasts of the Annunciation of
the Blessed Virgin Mary the Nativity of Saint John the Baptist Saint
Michael the Archangel And the Birth of Our Lord Christ The first payment
whereof to be made and begin on the said Feasts as shall first happen
next after the Commencement of the said Term hereby granted and not
before AND ALSO then yielding and paying One Hen at the Feast of
Michaelmas Yearly during the said Term of Six pence for the same at the
Choice or Election of the said Samuel Kekewich his Heirs and Assigns AND
ALSO Yielding and paying unto the said Samuel Kekewich his Heirs and
Assigns upon and after the Death of the said Walter Grose (he dying
after the Commencement of the said Term hereby granted) the Best Beast
of them the said John Grose and Walter Grose their Executors
Administrators or Assigns or of such person or person who shall for the
Time being be Tenant or Occupier Tenants or Occupiers of the said
demised
premises or any part thereof Or the Sum of Forty Shillings of like
lawful Money of Great Britain in lieu thereof at the Choice or Election
of the said Samuel Kekowich his Heirs and Assigns for and in the Name of
an Herriot or Farlives And ALSO then doing
Suit-Service and Attendance unto all the Courts of the said Samuel
Kekowich his Heirs and Assigns to be holden and kept for the Manor of
Lanivet and
Lamorrack as other the Tenants of the said Manor there do or have
accustomed to do Or paying Three pence for every Default AND ALSO then
Yielding paying doing performing and discharging all other old and
accustomed Yearly Rent and Rents payment and payments Suits Offices and
Services heretofore due done payable or usually paid by any former
Leasehold Tenant or Tenants of the said demised premises for and in
respect thereof AND they the said John Grose and Walter Grose for
themselves their Executors, Administrators and Assigns do hereby
covenant promise and agree to and with the said Samuel Kekowich his
Heirs and Assigns that they the said John Grose and Walter Grose their
Executors Administrators and Assigns shall and will duly yield pay
perform and discharge the Rent Hen Herriot payments Suits Offices and
Services
Hereinbefore mentioned and required to be paid done and performed AND
ALSO shall and will at their own proper Costs and Charges well and
sufficiently repair uphold sustain and maintain all and singular the
said hereby demised premises with the Appurtenances in all needful and
necessary Reparations whatsoever when and so often as Occasion shall
require after the Commencement and during the Continuance of the said
Term hereby granted And the same so well and sufficiently repaired as
aforesaid shall and will peaceably and quietly leave quit and yield up
at the End or other sooner Determination of the said Term hereby granted
AND IF IT SHALL HAPPEN that the said Yearly Rent of One Pound and One
Shilling at the said Hen or Money payable in lien thereof or either of
them or any part thereof be behind and unpaid by the Space of Thirty
Days next after any or either of the said Feasts or Days of payment
whereon the same ought to be paid as aforesaid being first lawfully
demanded and then not paid and no sufficient distress in or upon the
said demised premises can or may be found had or peaceably taken whereby
to levy satisfy pay and discharge the said Rent and Hen so being behind
with the former Arrears thereof (if any be) OR if they the said John
Grose and Walter Grose their Executors Administrators or Assigns shall
commit or do or willingly suffer to be committed or done in or upon the
said demised premises any manner of Waste or Spoil to the Value of Forty
Shillings or above at any one Time OR shall suffer the same to become
ruinous or in Decay the like value or above And shall not amend or
otherwise compound and agree for the same within Three Calendar Months
next after Notice thereof given to them in Writing or otherwise or after
presentment thereof made and Notice given in any Court of the said Manor
of Lanivet and Lamorrack THAT THEN and from thenceforth for all or
either of the Causes aforesaid it shall or may be lawful to and for the
said Samuel Kekewich his Heirs and Assigns into and upon all and
singular the said hereby demised premises with the Appurtenances or into
any part thereof in the Name of the whole to re-enter and the same to
have again repossess and enjoy as in his or their first and former
Estate THESE PRESENTS or anything herein contained to the contrary
thereof in any wise notwithstanding AND the said Samuel Krekewich for
himself his Heirs and Assigns doth hereby covenant promise and grant to
and with the said John Grose and Walter Grose their Executors
Administrators and assigns that they the said John Grose and Walter
Grose their Executors Administrators and Assigns shall or lawfully may
(after the Commencement and during the Continuance of the said Term
hereby granted) peaceably and quietly have hold use occupy possess and
enjoy all and singular the said hereby demised premises with the
Appurtenances by and under the Rent Hen, Herriot, Covenants Conditions
Exceptions Reservations and Agreements hereinbefore mentioned according
to the true Intent and Meaning of those presents without the lawful
Hindrance Interruption Suit Trouble Claim Denial or
Disturbance of or by him the said Samuel Kekewich his Heirs or Assigns
or any other person or persons
whomsoever lawfully claiming or to claim the same
or any part thereof by from or under him or them or
otherwise howsoever or IN WITNESS whereof the parties aforesaid to these
presents their Hands and Seals Interchangeably have set the Day and Year
first
abovewritten ----------------------------------------- | |
JOHN GROSE |
WALTER GROSE |
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