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THIS INDENTURE made on the 21st day of August 1848 BETWEEN ELIZABETH MARSHALL of the Parish of Lanivet in the County of Cornwall Widow of the one part and JAMES BENNETTS of Lanivet aforesaid Mine Agent of the other part WITNESSETH that in consideration of the payments and agreements hereinafter contained the said Elizabeth Marshall DOTH give and grant unto the said James Bennetts his partners fellow adventurers executors administrators and assigns full and free liberty licence and authority to gig and search for tin copper and other ores metals and minerals in and throughout ALL those 2 fields or closes of land called the Furze Hill, Little Hill Field and Great Hill Field in the said Parish of Lanivet and in and throughout the farm and tenement called Lamorick in Lanivet aforesaid to the extent of the rights of her the said Elizabeth Marshall and the Tin Copper and all other metal ores then found to raise work and make merchantable and the same to take carry away the dispose of to his and their own use And to dig and make such adits shafts drifts leats or watercourses and to erect such houses sheds engines machines or buildings as he or they shall think necessary in the exercise of the liberties and powers hereby granted TO HAVE HOLD use exercise and enjoy the said several liberties licences powers and authorities hereby granted unto the said James Bennetts his partners fellow adventures executors administrators and assigns from thenceforth for the full end and term of 21 years HE the said James Bennetts his partners fellow adventurers executors administrators and assigns YEILDING AND PAYING laying out and delivering unto and for the use of the said Elizabeth Marshall her heirs and assigns ONE FULL FOURTEENTH part share or doles of all such tin tin ore copper and other ores metals and minerals until a steam engine shall be erected on the said premises and from and after the erection thereof then YIELDING and PAYING laying out and delivering ONE FULL FIFTEENTH part share of all tin copper and other ores metals and minerals during the residue of the said term AND the said James Bennetts for himself his partners fellow adventurers executors administrators and assigns shall and will during the said term well and truly pay and deliver unto the said Elizabeth Marshall her Heirs and Assigns the said fourteenth and fifteenth parts shares or doles at the times and in manner aforesaid free and clear of all manner of costs and charges of raising spalting trying picking washing stamping dressing dividing and laying the same out upon the grass and of and from all slates taxes charges and assessment whatsoever AND shall and will from time to time sell all the copper and copper ores which shall be found and gotten within the limits aforesaid by public sale in the usual manner in which copper ores shall for the time being be sold in the County of Cornwall and for the best price or prices in money that can be obtained for the same And sell all the tin and tin ores and all other ores metals and minerals (except copper and copper ores) either by Public Auction or Private Contract as he or they in his or their discretion shall think fit AND shall and will during the said term well and truly pay unto the said Elizabeth Marshall her Heirs and Assigns the amount in money of the said hereinbefore mentioned parts shares or doles as the same respectively shall become due and payable without any deduction whatsoever AND shall and will from thenceforth during the said term explore and try the ground within the limits aforesaid and the Loads or Veins of ore discovered therein fairly work on the most effectual manner (unless presented by inevitable impediment) with not less than 6 men at a time and also by erecting and using such engines and mechanical powers as may be required for that purpose AND shall and will permit and suffer the said Elizabeth Marshall her Heirs and Assigns and her and their Grantees or Agents at any time during the said term to enter into work and carry on for her and their benefit and profit all such loads and veins of ores within the limits aforesaid as shall not be fully and effectually worked by the said James Bennetts his partners fellow adventurers executors administrators or assigns for the period of 6 calendar months after Notice in writing of the intention of the said Elizabeth Marshall her Heirs or Assigns so to do shall have been given to him or them or the Purser or Pursers Principal Captain or Agent for the time being of the said mine or mines or shall have been affixed to some conspicuous part of the same mine or mines and for that purpose to use all such Levels Adits Drifts and Shafts and all such engines machinery ladders ropes buckets and materials as shall then be in and upon such mine or mines AND that the said James Bennetts his partners fellow adventurers executors administrators and assigns shall and will at all times during the said term well and sufficiently repair and keep and leave in repair all engine houses counting houses and other buildings which shall be erected within the limits aforesaid during the said term (except such engine houses as may be required to be taken down for the removal of any engine there from and also except such erections and buildings as may be constructed of wood and iron only AND shall and will from time to time during the said term enter into a book or books to be kept for that purpose upon some part of the said mine true and correct accounts of the quantities of ores metals and minerals found and gotten within the said limits and every sale thereof and of the amount of such sale AND shall and will permit the said Elizabeth Marshall her Heirs and Assigns and her or their Servants or Agents to inspect such or any other Book or Books relating to the said mine to take copies or extracts from all or any of the accounts contained therein AND shall well preserve and also remove to such place or places on the said premises as the said Elizabeth Marshall her Heirs Assigns or the Tenant or Tenants for the time being shall appoint all the Meat Earth which shall be dug up in the exercise of the limits hereby granted AND shall and will make and thenceforth keep and leave in repair proper fences around every Shaft and Pit which shall be sunk within the said limits and also proper gates and fences for protecting the Lands wherein liberty to work and mine is hereby granted AND also shall and will make and keep and leave in repair proper Bridges for the passage of Cattle and Carriages over every Leat and open part of every Adit which shall be made and driven on the said Lands AND also shall and will make full compensation to the said Elizabeth Marshall her Heirs or Assigns or to the Tenants or Occupiers of the said Lands for the time being for any Injury damage breakage done to or upon the meadows or meadow land of the said premises or any other injury or damage which she or they may sustain by reason of the exercise of the liberties powers and authorities hereby granted Such compensation to be ascertained by 2 different persons one to be chosen by each of the said parties to these presents and in case such two indifferent persons shall not agree their Award then by such other person as such 2 indifferent persons shall appoint AND shall and will permit and suffer the Steward Agent or Toller of the said Elizabeth Marshall her Heirs or Assigns at any time during the said term to go down into dial and examine all or any of the shafts adits levels other workings within the said mine or mines and for such purpose to use all or any of the Buckets Tackle and any other Convenience then and there being AND shall and will during the said term give 3 days Notice in writing at the least unto the said Elizabeth Marshall her Heirs and Assigns or her or their known Agent or Toller of every weighing or division of tin copper or other ores which shall be found within the limits aforesaid before the same shall be weighed and divided and Notice thereof given AND that he the said James Bennetts his partners fellow adventurers Executors administrators and assigns shall and will during the said term give a preference to one of the sons of the said Elizabeth Marshall and employ him as the Clerk on the said mine provided he be of sufficient ability and well qualified to superintend the said mine and conduct the accounts thereof PROVIDED always that if the said Shares Doles Dues hereby reserved or either of them or any part thereof respectively shall at any time during the said Term be in arrears and unpaid for the space of 10 days next after the same shall respectively become due THEN it shall and may be lawful for the said Elizabeth Marshall her Heirs and Assigns and her and their Steward or Agent for the time being, to enter into and upon the said mine or mines and thereto sieze and distrain all or any of the Ores Engines Machines Goods Personal Effects which shall be then and there found and in due time after the same shall be so seized and distrained to cause the same to be appraised and sold according to Law and out of the Proceeds of such sale to retain the amount of the said Share Dole or Dues so being in arrear and unpaid and all Costs and Expenses incidental thereto PROVIDED also that if the said Shares or Dues hereby respectively reserved or either of them or any part thereof shall at any time during the said Term be in arrear and unpaid for the space of 21 days and after the same respectively ought to have been paid according to the reservations thereof respectively hereinbefore contained the same having been lawfully demanded and not paid OR of the said James Bennetts his Partners Fellow Adventurers Executors Administrators and Assigns shall neglect or fail for the space of 6 calendar months after Notice in writing for the purpose given or affixed upon some conspicuous part of the said mine or mines, to observe and perform the Covenant hereinbefore contained THEN and thenceforth and at the time thereafter although no advantage shall have been taken of any previous default it shall and may be lawful to and for the said Elizabeth Marshall her Heirs and Assigns to revoke and make void these presents as well in Equity as at Law (save and except for the enforcing and right of action or other remedy which shall have previously accrued to the said Elizabeth Marshall her Heirs and Assigns by reason of the breach of all or any Covenants and Agreements herein contained) and into and upon the same premises mine or mines to enter and the same to have possess and enjoy in such and in the same manner as if the term hereby granted had run out and expired by effluxtion of time; Any thing herein contained to the contrary thereof in anywise notwithstanding IN WITNESS whereof the parties aforesaid to these presents being first duly stamped their Hands and Seals Interchangeably have set the day and year first above written James Bennetts
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |