CORNWALL ONLINE PARISH CLERKS - helping bring the past alive

Return to Lanivet Parish Page

Indenture dated 9 October 1831

THIS INDENTURE made the twenty ninth day of October in the year of our Lord one thousand eight hundred and thirty one BETWEEN Deeble Peter of Colquite in the County of Cornwall, Executor of the one part and Walter Hooper, Robert Hooper, Walter Hooper the Younger and William Hooper all of the Parish of Lanivet in the said County Yeoman of the other part WITNESSETH THAT IN Consideration of the rent covenants and agreements here in of the reserved and contained on the part of the said Walter Hooper, Robert Hooper, Walter Hooper the Younger and William Hooper their Executors, Administrators and Assigns to be paid observed and performed respectively. He, the said Deeble Peter DOTH grant demise and lease unto the said Walter Hooper. Robert Hooper, Walter Hooper the Younger, and William Hooper their Executors, Administrators and Assigns ALL that Messuage Tenement Farm and premises commonly called or known by the name of Laninval situated in the Parish of Lanivet aforesaid late in the occupation of one John Grose and now of the said Walter Hooper, Robert Hooper, Walter Hooper the Younger and William Hooper together with all houses outhouses rights members and appurtenances whatsoever to the same belonging or appertaining except and always reserved and of this demised unto the said Deeble Peter his Heirs and Assigns ALL and all manner of Lumber and other Trees and Saplings whatsoever now being or which shall be in or upon the said demised premises and also all Tin Tin Ore Copper Lead and all other Mined Minerals Metals Semi-Metals Manganese and Quarries of Stone Clay Limestone and Slate and all other Quarries of what nature and kind so ever in or upon the said demised premises with free libery of engress egress and regress to and for the said Deeble Peter his Heirs and Assigns and his and their Agents Servants and workmen and with or without horses carts and carriages in through and over any part of the said demised premises for the better enjoyment of the said reserved parts and of the produce thereof and in to and upon and from the said hereby demised premises for all reasonable purposes and in particular to view the state and condition thereof and to repair and lay materials thereon for the pupose of repairing the buildings thereon or for erecting any new buildings which may be thought necessary by the said Deeble Peter his Heirs and Assigns and to view fell and cut down and transplant trees and carry away such Trees and Saplings and to dig search for and work such Tin Tin Ore and Mines and Quarries and the Ore Metal Semi-metal Minerals Stone to lay Limestone and Slate and other excepted things respectively found on the said demised premises to make merchantable on the same premises and to take and carry away the same and to plant and to transplant Trees and sow the seeds of Trees in the waste places of the said demised premises and to fence and preserve the same from injury And also except all manner of Game Fish and Wild Fowl with liberty for the said Deeble Peter his Heirs and Assigns and his and their Servants friends and acquaintances at all times to hunt fish fowl set course shoot and sport upon or over the said demised premises. TO HAVE AND TO HOLD the said premises hereby demised with the appurtenances unto the said Walter Hooper Robert Hooper Walter Hooper the Younger and William Hooper their Executors Administrators and Assigns for the term of Fourteen Years to be computed from the twenty ninth day of September last past YIELDING AND PAYING therefore yearly and every year during the said term week the said Deeble Peter his Heirs or Assigns the yearly rent or sum of One hundred and twenty Pounds Sterling by equal quarterly payments free of Landtax and any deductions whatsoever AND the said Walter Hooper, Robert Hooper, Walter Hooper the Younger and William Hooper do hereby for themselves jointly and severally and for their several and respective Heirs Executors Administrators and Assigns covenant and agree with the said Deeble Peter his Heirs and Assigns in manner following, that is to say, that they the said Walter Hooper, Robert Hooper, Walter Hooper the Younger and William Hooper, their Executors Administrators or Assigns or some or one of them shall and will pay to the said Deeble Peter his Heirs or Assigns the said yearly rent of One hundred and twenty Pounds by quarterly payments without any deductions on any account whatsoever AND also shall and will pay and discharge the Landtax and all other taxes charges rates tithes impositions assesments and outgoings whatsoever from parliamentory parochial or otherwise already or at any time hereafter during the said term to do rated taxed charged assessed or imposed upon the said demised premises or any part thereof or impose any person or persons for or in respect of the same by Authority of Parliament or otherwise howsoever AND also well and effectually repair during the second term all and singular the houses outhouses erections and buildings hedges yards and fences and all and every other part and parts belonging to the said demised premises (the stone walls and slated coverings of the houses outhouses and other buildings which are next to the thatch only excepted) and leave and deliver up the same respectively in such good condition and repair at the determination of such said term AND who shall and will carry into will spread and bestow according to good husbandry on every acre of the said demised premises and that before the breaking up of the same 100 sacks of good sea sand and such quality of good stall and other Manure as other Farmers and Inhabitants of the said Parish of Lanivet usually employ good husbandry require and so in proportion for any less quantity than one acre and after any one such dressing shall take two crops of Corn or Grain only and those in successive years AND with every such successive crop shall sow and harrow in good clover and ever grass seeds in the quantity of eight pounds AND shall not nor will break up or invert into tillage any part of the said premises that shall not have been untilled for the space of three years next preceding such breach AND shall and will during the said term expend consume and employ on the said demised premises and not elsewhere all the Reed Straw Dung Hay Soil Compost Muck and Manure that shall grow arise or be made thereon in a good and hubandlike manner and such as shall not be used shall and will be used on the said demised premises and not carry off injure or destroy the same or any part thereof AND shall not nor will during the said term cut lop prune or injure any of the said reserved Trees or Saplings or any of the Apple Trees nor keep any Bullocks or Sheep in the Orchards belonging to the said demised premises during the said term or any other Beasts which might prove destructive to such Orchard or which according to the course of good husbandry are usually excluded there from by other Farmers in the same Parish NOR cut or new make any of the hedges on the said demised premises but at the proper season of the year and then only according to the rule of good husbandry nor without giving reasonable notice to the said Deeble Peter his Heirs or Assigns in order that he or they or his or their Servants may have an opportunity if he or they shall think fit of attending if he or they shall think fit of attending and seeing the Saplings duly reserved according to these presents AND shall not nor will demise set or let out any part of the said premises hereby demised to tillage for Corn or Potatoes to any person or persons whomsoever nor demise set or let the said premises hereby demised or any part thereof for the said term or any part thereof to any person or persons whomsoever without the consent of the said Deeble Peter his Heirs or Assigns first had and obtained in writing AND shall not nor will till or cultivate more than one more of the said demised premises with Potatoes in each and every year during the said term
AND shall not nor will during the said term covenant or suffer to be committed any waste spoil or destruction in or upon the said demised premises or any part thereof
AND shall and will permit and suffer the said Deeble Peter his Heirs and Assigns his and their Servants and Workmen without any compensation from him or them from time to time and at all times after the fourth day of Said demised premises and not exceeding twelve acres as shall then be sooner determination of the said term with all manner of Cattle Carriages and Implements of Husbandry to enter on and have the possession of such lands and grounds parcel of the said demised premises not exceeding twelve acres as shall then be fitted and in course and according to his or their judgement to be broken up for the then next wheatin Tillage and to break up manure and to manage the same PROVIDED ALWAYS and it is hereby expressly declared and agreed that if the said Rent shall remain unpaid for thirty days after either of the said quarterly days of payment as aforesaid and shall not be paid when demanded OR if the said Walter Hooper, Robert Hooper, Walter Hooper the Younger and William Hooper their Executors Administrators or Assigns or any or either of them shall neglect to perform any or either of the covenants conditions and agreements aforesaid on his and their part and behalf it shall be lawful for the said Deeble Peter his Heirs and Assigns unto the said demised premises to so enter and the same to repossess and enjoy as in his and their former estate and condition AND THE SAID Deeble Peter doth hereby for himself his Heirs Executors and Administrators covenant promise and agree to and with the said Walter Hooper, Robert Hooper, Walter Hooper the Younger and William Hooper severally and respectively and their several respective Executors Administrators and Assigns That they the said Walter Hooper, Robert Hooper, Walter Hooper the Younger and William Hooper respectively And their respective Executors Administrators and Assigns paying the said rent and performing the covenants conditions and agreements aforesaid on their part and behalf shall and may peaceably hold and enjoy The said demised premises during the term hereby granted (except before excepted) without any interruption whatsoever by the said Deeble Peter his Heirs or Assigns or of any other person or persons whomsoever AND that he the said Deeble Peter his Heirs or Assigns shall and will during the said term Repair and keep in repair the Stone Walls of the Houses Outhouses and Buildings on the said demised premises and the Coverings thereof which are not of Thatch AND it is hereby declared and agreed between all parties hereto that the said Walter Hooper, Robert Hooper, Walter Hooper the Younger and William Hooper and their respective Executors Administrators and Assigns shall have the use of the Barn Cattlehouses and Monday on the said demised premises alternately with the said Deeble Peter his Heirs or Assigns till Ladyday next after the end or other sooner determination of the term hereby granted for the purpose of thrashing out thereon His Corn or Grain grown on the said demised premises The last year of the said term IN WITNESS whereof the said parties in these presents their hands and seals have hereunto set the day and year first above written
 

WALTER HOOPER

ROBERT HOOPER

WALTER HOOPER You.

WILLIAM HOOPER

 
Signed sealed and delivered by the afore named
WALTER HOOPER, ROBERT HOOPER, WALTER HOOPER THE YOUNGER and WILLIAM HOOPER
In the presence of .............
ELDRED PEARCE Clerk to
Mr. Christopher Wallis, Solicitor, Bodmin
 

 
Transcribed by Kathryn Norman from a document in the Malcolm McCarthy Collection

Return to Lanivet Parish Page