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Indenture dated 30 December 1809
THIS INDENTURE made the Thirtieth day of December in
the Fiftieth Year of the Reign of our Sovereign Lord George the third by
Grace of God, of the United Kingdom of Great Britain, and Ireland, King
Defender of the Faith, and in the Year of our Lord One Thousand, Eight
Hundred and nine BETWEEN SAMUEL KEKEWICH of Peamore in the County of
Devon Esquire of the one part and WILLIAM MARSHALL of the parish of
Lanivet in the County of Cornwall yeoman of the other part
WITNESSETH that the said Samuel Kekewich for and in Consideration of the
Sum of Fifteen Pounds of Lawful Money of Great Britain to him in hand
paid by the said William Marshall at or before the sealing and delivery
hereof the receipt whereof he doth hereby acknowledge HATH granted
demised and leased and hereby DOTH grant demise and lease unto the said
William Marshall his Executors Administrators and Assigns ALL that his
part purport and portion (as the same has been long since divided) of
and in all that one Tenement in Lamorrack situate lying and being in the
parish of Lanivet aforesaid and parcel of the Manor of Lanivet formerly
in the possession of William Marshall deceased late of William Marshall
father of the said William Marshall party hereto and now of him the said
William Marshall Together with all ways paths privileges Easements and
appurtenances whatsoever to the said hereby demised premises belonging
or in anywise appertaining EXCEPTING AND RESERVING out of the Demise
unto the said Samuel Kekewich his Heirs and Assigns, all Tin, Tin Stuff,
Copper, Lead, and all other Ores, Mines, Metals, and Minerals, and
Quarries of all kinds whatsoever, AND ALSO all Clay and Marle lying and
being in the said Premises, or any part thereof, with Liberty of
Ingress, Egress, and Regress, to and for him and them, and his and their
Servants, Workmen and Agents, in, through, and upon the said Premises,
to dig, search, and work for the same respectively; and the Tin, Copper,
Lead and other Ores, Metals and Minerals, Stones, Slate, and other
Contents of the said Quarries, Clay and Marle, to land, lay, dress,
manufacture, and carry away, when and as he or they shall think proper,
to and for his and their own proper Use, and Benefit: and also to sink
any Pits or Shafts, and to make any Addition or Additions, and erect any
Houses, Engines, or Machines for draining or drawing of any Waters, and
for the better and more convenient carrying on and Managing any Mines or
Works, and to take and dig Earth and Stones for that or any other
Purpose: AND ALSO EXCEPTING Liberty and Power to set, let and demise,
all or any Part of the Downs or Commons belonging to the said Premises
to any Person or Persons whomsoever, and Liberty and Power for him the
said Samuel Kekewich his Heirs and Assigns and the Person or Persons to
whom the Downs and Commons shall be so demised, to enclose and build on
the same in such Manner as he or they shall think proper: AND EXCEPTING
all Waters, Water-Courses, Leats and Passages of and for Water
whatsoever, with Liberty to bring, pass, divert, or convey away, any
Waters or Water-Courses into, through, or from any Part of the said
Premises, and for that Purpose to make any Head-Wares, Trenches, Dams,
Leats or other Conveniences, therein or thereupon, or in or upon any
Part thereof, and to cut Turf therein for amending and repairing
the same, and to make use of such Waters and Water-Courses into,
through, or from any Part of the said Premises, and for that Purpose to
make any Head-Wares, Trenches, Dams, Leats or other Conveniences,
therein or thereupon, or in or upon any Part thereof, and to cut Turf
therein for amending and repairing the same, and to make use of such
Waters and Water-Courses for any Purpose whatsoever: AND ALSO EXCEPTING
all Trees, Saplings, Woods and Coppice Woods whatsoever, with the Lops
and Shreds thereof, now growing or hereafter to grow, in or upon the
said Premises, or any part thereof: with Liberty to fell, root up, work
up, and carry away the same, and to bark the same, and to lay, dry, cure
and preserve the Barks thereof, and also to make Charcoal on the
Premises, and to have proper Ways and Passages, for taking and carrying
away all such Trees and Saplings, Woods, Coppice Woods, Barks, and
Charcoal: with Liberty also to plant any Trees as he or they shall think
proper, at any time during the Term hereby granted in any Part of the
said Premises; AND ALSO EXCEPTING all usual Ways and Passages whatsoever
through and over the said Premises: AND ALSO Liberty for him the said
Samuel Kekewich his Heirs and Assigns, Servants or Agents, to hunt,
hawk, fish and fowl, in and upon the said Premises: AND LIKEWISE
EXCEPTING all Royalties whatsoever, TO HAVE AND TO HOLD all and singular
the said Premises hereby demised, with the Appurtenances (except before
excepted) unto the said William Marshall his Executors, Administrators
and Assigns, from and immediately after the several deaths and deceases
of the said William Marshall , party hereto and Abraham Marshall for and
during the full Time and Term of Ninety nine Years Hence next ensuing;
and fully to be complete and ended, IF William son of the said William
Marshall Party hereto now aged about nine months shall so long happen to
live HE the said William Marshall His Executors, Administrators and
Assigns, YIELDING AND PAYING therefore yearly, and every Year, during
the Term, unto the said Samuel Kekewich his Heirs and Assigns, the
Yearly Rent or Sum of one Shilling and two pence of Lawful Money of
Great Britiain, clear of Land-tax, and all Deductions and Reprises
whatsoever, at the Four most usual Feasts or Days of Payment of Rent in
One Year (that is to say) Christmas Ladysday Midsummer and Michaelmas by
even and equal Portions and Quarterly Payments to be divided and paid;
the first Payment thereof to begin and be made at or on the Feast of The
birth of our Lord Christ next ensuing the date hereof And one Capon
yearly at Michaelmas or one shilling for the same at the Choice and
Election of the said Samuel Kekewich his Heirs and Assigns AND ALSO
YIELDING AND Paying the sum of four shillings of like Lawful Money for
and in the name of an Heriot or Farley by upon and immediately after the
death and decease of him the said William Marshall the younger he dying
after the Commencement of the said term and not otherwise AND IF IT
HAPPEN that the said Yearly Rent or other Payments aforesaid, or any or
either of them, shall be behind and unpaid, after any or either of the
Feasts or Days of Payment aforesaid, THEN it shall and may be lawful to
and for the said Samuel Kekowich his Heirs and Assigns, into and upon
the said Premises to enter and distrain , and the Distress there found
to seize, sell, and dispose of , according to Law, AND in Default of
sufficient Distress to be found on the said Premises, for Satisfaction
of the said Rent and other Payments, with all Costs and Charges thereon;
OR if the said William Marshall his Executors, Administrators or
Assigns, shall suffer the said Premises, or any part thereof to be
ruinous or in Decay, to the value of Twenty Shillings, and the same
shall not amend and repair, within Six Months next after Norice to him
or them given, or left on the said Premises, or at his or their Place of
Abode for the Time being; OR shall cut, break, pluck up, deface, damage,
destroy, or carry away, any Tree or Trees, OR do or shall commit, permit
or suffer, any Act or Thing whatsoever prejudicial to the said Premises,
or to the Title or Estate of the said Samuel Kekewich his Heirs and
Assigns, of and in the same OR shall not observe and act agreeable to
the Exceptions and Clauses, and do perform and execute all and every one
of the Covenants and Agreements herein contained; THEN, for all, any, or
either the Causes aforesaid, it shall and may be lawful to and for the
said Samuel Kekewich his Heirs and Assigns, into and upon the said
Premises, or any Part thereof in the Name of the Whole, to re-enter, and
the same to have again, reposses and enjoy, as in his or their former
Estate or Right. AND the said William Marshall doth hereby for himself
his Executors, Administrators and Assigns, covenant, promise, and agree;
to and with the said Samuel Kekewich his Heirs and Assigns, that he the
said William Marshall his Executors, Administrators, and Assigns, shall
and will pay, or cause to be paid, unto the said Samuel Kekewich his
Heirs and Assigns, the said Yearly Rent and other Payments, in Manner
and Form aforesaid, AND shall and will repair, uphold, sustain,
maintain, and keep, all and singular the said Premises hereby demised,
with the Appurtenances, and every Part and Parcel thereof, in and with
all necessary Reparations whatsoever, during the said Term; and the same
at the End thereof, so well and sufficiently repaired and kept, at his
and their Costs and Charges, shall and will leave and yield up: AND
shall and will do and perform Suit and Service to all and every the
Court and Courts of the said Samuel Kekewich his Heirs and Assigns, to
be held for the Manor of Lanivet AND ALSO THE Office of Reeve, as often
as thereunto elected, and all other Offices and services belonging to
the said Manor
AND ALSO shall and will, within Tree Months next after Notice to him or
them given, or left on the said Premises, or at his or their Place of
Abode for the Time being, produce and shew forth unto the said Samuel
Kekewich his Heirs and Assigns the life above named or otherwise make it
appear to him or them within the Time aforesaid, or within a reasonable
Time, if the said life happen to be in foreign Parts, by a good and
sufficient Certificate that he living, AND shall and will during the
whole of the said Term hereby granted do and act and manage the said
Premises according to the Rules of good Husbandry.
AND the said Samuel Kekewich and his Heirs, all and singular the said
Premises hereby granted, with the Appurtenances (except before excepted)
unto the said William Marshall ,his Executors, Administrators, and
Assigns, during the Term aforesaid, as well against him the said William
Marshall, his Heirs and Assigns, as against all and every Person and
Persons whomsoever, discharged and saved harmless of and from all former
and other Gifts, Grants, Titles, Charges, and Incumbrances whatsoever,
shall and will warrant, acquit and defend, by these Presents: IN WITNESS
whereof the Parties aforesaid to these presents their Hands and Seals
Interchangeably have set the Day and Year first above written.
Signed, Sealed and Delivered
In the presence of
Chas Scott
William Marshall, Jun……
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