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2 July 1840 Knights Meadow Lostwithiel
This Indenture made the second day
of July in the year of our Lord One thousand eight hundred and forty
Between John Hamley of the Borough of Lostwithiel in the County of
Cornwall Yeoman of the one part
and Benjamin Hart Lyne of the Borough of Liskeard in the said County
Gentleman of the other part
Whereas by Indentures of Lease and Appointment and Release bearing dates
respectively the Twenty ninth and
Thirtieth days of June last and made or expressed to be made between
Joseph Maynard Hamley therein
described of the first part the said John Hamley of the second part and
John Peter therein described of the third
part The fields or closes of Land hereditaments and premises hereinafter
described and hereby appointed and released with the appurtenances were
appointed conveyed and assured and now stand limited To such
uses upon such trusts and to and for such intents and purposes and with
under and subject to such powers provisoes? agreements and declarations
as the said John Hamley by any Deed or Deeds Instrument or
Instruments in writing with or without power of revocation to be by him
sealed and delivered in the presence of and to be attested by one or
more credible witness or witnesses or by his last Will and Testament in
writing or any Codicil or Codicils thereto to be by him signed and
published in the presence of and attested by two or more credible
witnesses should from time to time direct limit or appoint and for
default
of and until such direction limitation or appointment and so far as
every or any such direction limitation or appointment should not extend
to the use of the said John Hamley and his assigns during his life
without
impeachment of waste And after the determination of that estate by
forfeiture or otherwise in his life time to the use of the said John
Peter and his heirs during the life of the said John Hamley In
trust for him the said John Hamley and his assigns during his life and
to prevent the then present or any future wife of the said John Hamley
from being entitled to dower out of or in the said premises
or any part thereof And after the decease of the said John Hamley To the
use of the heirs and assigns of the said John Hamley And the said John
Hamley did thereby direct and declare that no widow
of him the said John Hamley should be entitled to any estate or interest
in dower out of or in respect of the said firlds closes or plots of land
hereditaments and premises thereby appointed granted and
released or intended so to be or any part thereof And whereas
the said John Hamley hath contracted with the said Benjamin Hart Lyne
for the loan of Five Hundred and twenty six Pounds
to be secured as hereinafter mentioned Now this Indenture
witnesseth that in consideration of the sum of Five Hundred and
twenty six Pounds by the said Benjamin Hart Lyne at or
upon the execution of these presents in hand paid to the said John
Hamley the receipt whereof is hereby acknowledged He the said John
Hamley by virtue and in pursuance and exercise of
the power and powers to him given by the said in part recited Indenture
and of all other powers and authorities in him vested or in anywise
enabling him in this behalf hath directed limited
and appointed granted bargained sold aliened released and confirmed And
by this present Deed or Instrument in writing sealed and delivered by
him in the presence of the two persons whose
names are intended to be hereon endorsed attesting his sealing and
delivery thereof doth direct limit and appoint grant
bargain sell alien release and confirm unto the said Benjamin Hart Lyne
(in
his actual possession now being by virtue of a Bargain and Sale or Lease
to him thereof made by the said John Hamley for one whole year for Five
shillings consideration by Indenture bearing date the
day next before the day of the date of these presents and by force of
the Statute made for transferring uses into possession) and to his heirs
and assigns All those two fields or closes of Land called
or commonly known by the name of Jago’s or Knight’s Meadows
situate lying and being within the Borough of Lostwithiel in the County
of Cornwall now in the occupation of the said
John Hamley and others Together with all erections buildings and
conversions made thereon and therefrom And all and singular ways paths
passages waters watercourses hedges ditches mounds banks
enclosures wastes easements profits commodities advantages rights
members and appurtenances whatsoever to the said closes of Land and
premises mentioned and intended to be hereby granted and
released belonging or appertaining or to or with the same or any part
thereof at any time heretofore held used occupied or enjoyed accepted
deemed taken or known as part parcel or member thereof And
the reversion and reversions remainder and remainders rents issues and
profits thereof and of every part thereof And all the estate right title
interest and demand whatsoever both at Law and in
Equity of him the said John Hamley of into or out of the said closes of
Land and premises hereby mentioned or intended to be hereby granted and
released or any part thereof To have and to
hold the said fields or closes of Land erections buildings and
conversions hereditaments and premises hereinbefore described and hereby
appointed granted and released with the appurtenances unto the
said Benjamin Hart Lyne his heirs and assigns for ever To and for the
several uses intents and purposes and upon the several trusts and with
under and subject to the several powers provisoes
limitations declarations and agreements hereinafter declared and
expressed of and concerning the same (that is to say) Upon Trust to
permit and suffer the said John Hamley his heirs and assigns to retain
the possession and receive and take the rents and profits of the said
hereditaments and premises intended to be hereby appointed granted and
released with the appurtenances until the Ninth day of
July instant And in case the said John Hamley his heirs executors and
administrators shall make default in payment of the sum of Five Hundred
and twenty six pounds of lawful money of Great
Britain with Interest for the same after the rate of Five pounds per
centum per annum at or upon the said Ninth day of July instant Then upon
trust and to the intent that it shall be lawful
for the said Benjamin Hart Lyne his heirs or assigns thereupon to enter
into possession and receipt of the rents and profits of the said
hereditaments and premises hereby appointed granted and released or
intended
so to be And shall or may at any time or times thereafter (and whether
having previously so entered or not) at his or their discretion and
without the necessity of any consent or concurrence of the said John
Hamley
his heirs executors administrators or assigns to sell and absolutely
dispose of or to make any Lease or Leases for any term or number of
years absolute or otherwise or for any Life or Lives of the said
heredita-
ments and premises mentioned to be hereby appointed granted and released
or any part thereof for at and under such price or prices fine or fines
rent or rents covenant or covenants and either together or
in parcels and either by Public auction or private Contract or partly by
either mode and under any special Condition or Conditions of Sale or
Stipulation or Stipulations as to Title or otherwise as he or they shall
deem necessary or expedient And if he or they shall think fit to buy in
the said hereditaments and premises or any part thereof at any sale or
sales by public auction and to rescind or vary any Contract or
Contracts for the sale or leasing of the said hereditaments or any part
thereof and to resell the hereditaments so bought in or as to which any
Contract or Contracts for sale shall have been so rescinded in
such manner as hereinbefore mentioned without being answerable for any
loss expence or diminution of price which shall be consequent thereupon
And to convey demise and assure or concur in conveying
demising and assuring the same hereditaments and premises when sold or
agreed to be leased unto the purchaser or purchasers Lessee or Lessees
thereof or as he she or they shall direct or appoint for
such estate or interest therein as shall be agreed to be sold or demised
And it is hereby agreed that the said Benjamin Hart Lyne his executors
administrators and assigns do and shall apply the money
which shall arise from such sale or sales or lease or leases as
aforesaid and all rents and profits of the said hereditaments which
shall come to his or their hands in or towards payment of all costs and
expences incurred for or by reason of these presents And in and towards
satisfaction of the said sum of Five Hundred and twenty six Pounds and
Interest and after full payment and satisfaction thereof do
and shall pay over all the residue and surplus of such monies if any
unto the said John Hamley his executors administrators and assigns or as
he or they shall direct Provided always and it is
hereby declared and
agreed that any sale or lease purporting to be made by the said Benjamin
Hart Lyne his heirs or assigns in pursuance of the power hereinbefore
contained shall so far as regards the safety and protection of
any purchaser or purchasers Lessee or Lessees of the said hereditaments
and premises or any part thereof be valid and binding on the said John
Hamley his heirs executors administrators and assigns And
that every receipt which shall be given by the said Benjamin Hart Lyne
his executors administrators or assigns to any purchaser or purchasers
Lessee or Lessees of the said hereditaments and premises
or any part thereof upon any such sale or Lease as aforesaid shall be
valid and effectual as a discharge to such purchaser or purchasers
Lessee or Lessees for the sum thereby acknowledged to be
received and shall exonerate him her or them from seeing to the
application of such sum and from any liability in respect of the
misapplication or nonapplication thereof or of any
part thereof And further that the production of these presents without
any receipt for the said sum of Five hundred and twenty six Pounds and
Interest by the said Benjamin Hart Lyne his
executors administrators or assigns being endorsed thereon shall be
conclusive evidence that default was made in payment of the said sum of
Five hundred and twenty six Pounds and Interest in manner
hereinbefore mentioned And the said John Hamley doth hereby for himself
his heirs executors and administrators covenant promise and agree to and
with the said Benjamin Hart Lyne his executors
administrators and assigns in manner following that is to say that he
the said John Hamley his heirs executors or administrators shall and
will well and truly pay or cause to be paid unto the
said Benjamin Hart Lyne his executors administrators or assigns the said
sum of Five hundred and twenty six Pounds with Interest for the same
respectively after the rate at the time and in the
manner hereinbefore appointed for payment thereof In witness whereof the
parties aforesaid to these presents (duly stamped) their hands and seals
have hereunto set the day and year first above
written
John Hamley
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