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This indenture made the twenty third day of October one thousand eight hundred and seventy seven between Nicholas Kendall of Pelyn in the parish of Lanlivery Esquire in this part, and Thomas Edwin Congdon of the other part in said county of Cornwall iYeoman Witnesseth that in consideration of the surrender of a certain Indenture of Lease dated the second day of December 1868 and made between the said Nicholas Kendal of the one part and George Jones of the other part that in consideration of the rent hereby reserved and the covenants, conditions and agreements hereinafter contained on the part of the said Thomas Edwin Congdon his executors and administrators, thee said Nicholas Kendall doth herby demise and lease unto the said Thomas Edwin Congdon his executors and administrators all that and those the Barton Tenements and farms called Crewel Pelyn, part of Pelyn Lawn, Webbs Packs and Top of Tors, also Two Moors under Pelyn Downs and Three Moors part of Churchtown Tenement called Tor Moors situate in the parish of Lanlivery in the said county of Cornwall late in the occupation of George Jones.
Together with all ways and appurtenances to the same belonging Excepting hereout all woods and underwoods trees and saplings now growing or to grow in or upon the said demised premises and also power to enclose and plant such portions of the same premises as the said Nicholas Kendall his heirs or assigns shall from time to time think proper he or they making reasonable compensation for the land so to be enclosed to the said Thomas Edwin Congdon his executors and administrators such compensation in case of disagreement to be ascertained by arbitration in the usual manner. And also excepting all mines ores metals minerals quarries of stone and slate and all clay and china stone within or under the same with full power and authority to and for the said Nicholas Kendall, his heirs and assigns and his and their servants agents and work men at all times to enter on the said premises to lop and cut down and carry away the said woods, underwoods trees and saplings, and to search for, dig open and work the said mines and quarries with all necessary machines and appliances and dress and make merchantable the said ores metals stone slate clay and china stone and to carry away the same. And also excepting all springs and streams of water within the said demised premises with liberty to convey the same and any other springs or streams through or over the said premises. And also excepting power for the said Nicholas Kendall his heirs and assigns to make roads or rail roads through or over the said demised premises or any part thereof and to take materials on the same premises for that purpose he or they making reasonable compensation to the said Thomas Edwin Congdon his executors or administrators for the damage to be thereby occasioned to the surface only of the said premises such compensation in case of disagreement to be ascertained by arbitration in the usual course. And also excepting all game and rabbits with full power and exclusive liberty to the said Nicholas Kendall his heirs and assigns and his and their agents and servants to hunt course shoot and fish over the said hereby demised premises. To hold the said hereby demised premises unto the said Thomas Edwin Congdon his executors and administrators from the twenty fifth day of November one thousand eight hundred and seventy six for and during the term of thirteen and a half years thence next ensuing yielding and paying therefore during the said term unto the said Nicholas Kendall his heirs and assigns the rent or yearly sum of one hundred and eighty three pounds on the twenty fourth day of June the twenty ninth day of September the twenty fifth day of December and the twenty fifth day of March by equal portions in every year of the said term the first payment to be made on the twenty fourth day of June one thousand eight hundred and seventy six. And the said Thomas Edwin Congdon doth hereby for himself his heirs executors and administrators covenant with the said Nicholas Kendall his heirs and assigns in manner following (that is to say) that he the said Thomas Edwin Congdon his executors or administrators shall and will when and as the same shall become due as aforesaid well and truly pay unto the said Nicholas Kendall his heirs or assigns the said yearly rent of one hundred and eighty three pounds. And shall and will pay and discharge all and all manner of rates taxes tithe commutation rents charge and all other outgoings in respect of the said premises during the said term together with a proportionate part of such tithe commutation rents charge as shall become due and payable from the day of payment thereof preceding the determination of the said term up to the day of such determination with proportionate part to be payable to the said Nicholas Kendall his heirs and assigns on the first day of September next preceding the determination of the said term and to be receivable together with all other sums which may be due for tithe commutation rents charge in respect of the said premises by him or them by distress of the said premises in like manner as for an arrear of the said rent hereby reserved. And will at his and their own costs and charges during the said term keep and at the end or other sooner determination thereof leave the said demised premises and the hedges ditches gates stiles roads posts and fences (except the fences of the plantations and except the walls and slated roofs of the said premises) in good and sufficient repair And will during the said term farm and manage the lands of the said premises according to the rules of good husbandry and not commit or permit any waste thereon And will cut and pull the weeds on every part of the said premises including the road sides twice in every year. And will not take two crops of corn or grain in succession but between two such corn crops shall take a crop of turnips or other roots. And in the last two years of the said term shall have at least one fifth part of the arable ground in second years grass and one fifth of the arable ground in first years grass. And shall not burn the spine of any of the land without first harrowing and brushing out the earth in a husband like manner. And shall not burn sell or suffer to be removed from the said premises any unthreshed corn nor any turnips or other roots nor any hay grass or straw reeds haulin dung ashes soil or manure but shall use the same for the benefit of the premises or leave the same on some convenient part of the said premises at the determination of the said term without anything being paid for the same. And the said Thomas Edwin Congdon his executors or administrators shall bring into and bestow upon every acre of the arable land which shall be broken up or tilled during the said term at least thirty but loads of town or farm yard dung or sixty double Winchester bushels of good burnt lime or an equivalent of other manure, and so in proportion for any less quantity of ground than an acre and shall not take after any one such dressing more than two crops of corn with an intermediate crop of turnips or other roots such last mentioned crop to be manured with thirty butt loads of town or farm yard manure per acre or an equivalent of other manure. And shall at the sowing of the last of such crops which shall be of barley or oats sow and harrow in eight pounds of good clover and six gallons of eaver and trefoil seeds in every acre thereof and so in proportion for any less quantity of land and shall give three days notice of such last mentioned tillage to the said Nicholas Kendall his heirs or assigns in the last year of the said term and permit him or them or his or their respective agent to inspect such seeds before they are sown. And shall after the cutting of such last mentioned crop let the land lie unbroken and in grass for two years thence next ensuing. And shall not during the said term break up or till any of the meadow or pasture land but shall keep the same well manured. And will not cut any part of the said premises more than once in a year nor for clover after cutting for hay and when and as often as any part of the said premises shall be cut for hay in the last two years of the said term will manure the same on the grain with at least thirty butt loads of good dung per acre and so in proportion for any less quantity of ground within six months next after such hay shall be cut. And will leave one fifth part of the arable land on the said premises untilled tow years next before the end of the said term and permit the said Nicholas Kendall his heirs and assigns or his or their respective agent or agents to enter into and prepare the same for a tillage of wheat at any time after the first day of July next before the end of the said term and at any time after the twenty fifth day of March preceding the end of the said term to enter on and prepare for turnips all the wheat arishes then on the said demised premises and for those purposes to carry out thereon all the dung and manure then on the said demised premises and to depasture on the said premises the cattle employed in such preparation and tillage. And shall not break up or till the orchards on the said premises during the said term provide and plant good apple trees to fill up the vacancies which may be therein and protect the trees from injury and not depasture the orchards with any other stock but sheep and pigs. And will not cut or lop any of the hedges on the said demised premises but at the proper season of the year for that purpose and then shall properly plash and cast the same and leave standing all such plants as are likely to become timber. And shall not nor will cut down root up lop injure damage or destroy or allow to be damaged injured or destroyed by cattle or nay other means any tree sapling or coppice wood for the time being growing or being on the said demised premises. And will not depasture any barley or oaten arish or young seeds in the last year of the said term but with a reasonable number of sheep. And shall constantly reside on the said premises with his or their family during the said term. And will permit and suffer the said Nicholas Kendall his heirs and assigns and his or their respective steward or agent at all times during the said term to enter into and upon the said premises to view and inspect the state and condition thereof provided always and it is hereby agreed and declared by and between the said parties hereto that in case the said rent hereby reserved or any part thereof shall be behind or unpaid for the space of twenty one days next after the same shall have become due being lawfully demanded or if the said Thomas Edwin Congdon his executors or administrators shall assign demise make over or otherwise depart with the said demised premises or any part thereof for all or any part of the said term hereby granted or for any other estate or interest therein unto any person or persons whomsoever without the consent in writing of the said Nicholas Kendall his heirs or assigns. Or shall fail in the observance or performance of any or either of the covenants and agreements hereinbefore contained. Or shall permit or commit any waste in or upon the said demised premises. Or if the said Thomas Edwin Congdon his executors or administrators or either of them shall become bankrupt or insolvent or shall suffer judgement whereby execution shall or may be issued or in any other event whereby this lease or the premises hereby demised or any part thereof shall get into the possession of any other person or persons or shall make any compensation with his or their creditors without the consent in writing of the said Nicholas Kendall his heirs or assigns Then in either of those cases and thenceforth it shall and may be lawful to and for the said Nicholas Kendall his heirs or 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 possess and enjoy as if this present demise or lease had never been made. Provided also and it is hereby further agreed by and between the said parties hereto that it shall be lawful for the said Thomas Edwin Congdon and his executors or administrators to trap and kill the rabbits on the said premises hereby demised with ferrets nets and snares (but not with gins) and so that such snares be set in the rabbits holes in the hedges only and no where in the open. Provided further and it is hereby lastly agreed by and between the said parties hereto that the Agricultural Holdings (England) Act 1875 shall not apply to this contract of tenancy.
 
And the said Nicholas Kendall for himself his heirs executors and administrators doth hereby covenant with the said Thomas Edwin Congdon his executors and administrators that he the said Thomas Edwin Congdon his executors and administrators shall have use of the barn and mowhay for six months next after the end of the said term jointly with the said Nicholas Kendall his heirs and assigns or his to their incoming tenant for the stacking and thrashing out the corn that shall grow on the said premises in the last year of the said term. In witness whereof the said parties to these presents have hereunto interchangeably set their hands and seals the day and year first before written.
 
Signature of Nicholas Kendall
Signed on reverse
Wm Pearse Jnr. Solicitor Lostwithiel

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Transcribed by Pauline Pickup from a document in the Malcolm McCarthy Collection.