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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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