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11 September 1840 Knights Meadow Lostwithiel
This Indenture made the Eleventh day of September in
the year of our Lord One Thousand Eight hundred and forty Between
Benjamin Hart Lyne of Liskeard
in the County of Cornwall Gentleman Mortgagee in Fee of the piece or
parcel of Land hereinafter described of the first part John Hamley of
Lostwithiel
in the said County Yeoman who is entitled to the Equity of Redemption of
the same piece or parcel of Land of the second part and Alice Treleaven
of Lostwithiel aforesaid Widow of the third part Witnesseth that in
consideration of the rent Covenants Conditions and Agreements
hereinafter reserved?
and contained and on the part of the said Alice Treleaven her executors
administrators and assigns to be paid observed and performed He the said
Benjamin Hart Lyne (At the request and by the direction of the said John
Hamley testified by his being a party to and sealing and delivering
these presents And also the said John Hamley have
and each of them hath demised and leased and by these presents do and
each of them doth demise and lease unto the said Alice Treleaven her
executors administrators and assigns All that piece
or parcel of land containing by Admeasurement seven perches by the same
more or less being part and portion of certain fields or closes of Land
called or commonly known by the name of Jago’s or
Knight’s Meadows situate lying and being in Lostwithiel aforesaid which
said pieces or parcel of Land is now in the possession of the said Alice
Treleaven and is bounded on the North by the lands of
the Mayor and Burgesses of Lostwithiel on the South by a certain Road or
way lately made and converted by the said John Hamley out of the said
fields on the east by a portion of the said fields in the
occupation of Mark Marks (and on the west by another portion of the said
fields in the occupation of William Brown which said piece or parcel of
Land intended to be hereby demised in or particularly
delineated by the Colour green in the Map or plan laid down in the
Margin of these presents and the boundaries belonging to the same are
etched on the side to which they belong Together with a free and conven-
ient way as well a horseway as a footway as also for Carts Waggons and
all other Carriages whatsoever in through over and along all roads and
ways made or converted
from the aforesaid fields or closes of Land (Excepting and always
reserving unto the said Benjamin Hart Lyne for and during and so long as
he shall continue Mortgage
of the said premises and afterwards unto the said John Hamley theirs
heirs and assigns respectively all Timber Trees and Saplings and all
Mines Quarries and Clay
Waters and Watercourses now being or hereafter to be found on the said
premises together with full power and authority to enter out carry away
the Trees and
Saplings and to search for and work the same Mines Quarries and Clay and
the produce thereof respectively to make Merchantable on the said
premises and to use and
divert any Waters and Watercourses in or over the said premises for any
purpose whatsoever To have and to hold the said piece or parcel of Land
and premises
hereinbefore described with the Appurtenances (except before excepted)
unto the said Alice Treleaven her executors administrators and assigns
for and during and unto
the full end and term of ninety nine years If William Treleaven now aged
twenty two years or thereabouts Jenefer Treleaven now aged twenty years
or thereabouts
and Richard Treleaven now aged eighteen years or thereabouts for either
of them shall so long happen to live Afielding and paying therefore unto
the said Benjamin
Hart Lyne his heirs executors administrators or assigns during such part
of the continuance of the said term as he or they shall Continue
Mortgagee or Mortgagees of the
said premises and when he and they shall cease to be such Mortgagee or
Mortgagees Yielding and paying unto the said John Hamley his heirs
executors administrators or
assigns during the then residue of the said term the clear yearly rent
or sum of One Shilling of lawful British Money by four equal quarterly
payments on Lady
day Midsummer day Michaelmas day and Christmas day in every year the
first payment thereof to be made on Michaelmas day now next And also
Yielding and paying upon and after the death of each of them the said
William Treleaven Jenefer Treleaven and Richard Treleaven the sum of
five
Shillings of like lawful Money for and in the name of an Heriot or
Farlief And she the said Alice Treleaven for herself her executors
administrators and assigns
doth Covenant promise and agree to and with the said Benjamin Hart Lyne
and John Hamley respectively and their respective heirs executors
adminis
trators and assigns by these presents in manner following (that is to
say) that she the said Alice Treleaven her executors administrators or
assigns shall and
will well and truly pay or cause to be paid the said yearly rent and
Heroits hereby reserved and made payable in the manner and form and on
the days
or times hereinbefore mentioned And also shall and will pay and
discharge all and all manner of rates taxes tithes or rent charge in
lieu of tithes
and assessments whatsoever payable for or in respect of the said demised
premises during the said term And also shall and will with all
convenient
speed build and erect upon some part of the said demised premises a good
and substantial Dwelling house And also shall and will from time to time
and at all times during the said
term keep and at the end or other sooner determination thereof leave all
and singular the said demised premises and all erections hereafter to be
made thereon in every respecting and substantial
repair and condition And also shall and will cultivate the said premises
with a view to the improvement thereof And also shall and will permit
and suffer the said Benjamin Hart Lyne and John Hamley
respectively their respective heirs executors administrators and assigns
to enter into and upon the said demised premises to view and inspect the
state and condition thereof provided always and it is
hereby declared and agreed between and by the said parties to these
presents that if the said yearly rent hereby reserved or any part
thereof shall be unpaid in part or in all by the space of Twenty days
next after any of the days
of payment aforesaid or if the said Alice Treleaven her executors
administrators or assigns shall fail in the observance or performance of
any or either of the Covenants of agreements hereinbefore on his or
their part contained
shall commit any waste in or upon the said demised premises or if the
said Alice Treleaven her executors administrators or assigns shall not
when any questions shall arise touching the existence of the said
William
Treleaven Jenefer Treleaven and Richard Treleaven or either of them when
thereunto required by the said Benjamin Hart Lyne his heirs executors
administrators or assigns during his or their estate and Interest
in the premises and afterwards by the said John Hamley his heirs or
assigns by three Calendar months notice in writing to be by him or them
given to the said Alice Treleaven her executors administrators or
assigns or left on some
conspicuous part of the said demised premises produce unto the person or
persons so giving such notice as aforesaid a Certificate in writing
under the hands of the Churchwardens or officiating Clergyman of the
parish or parishes where
the said William Treleaven Jenefer Treleaven and Richard Treleaven shall
respectively reside denoting that they are or that one of them is living
within such parish or parishes then and from thenceforth for all or any
of the
causes aforesaid it shall be lawful to and for the said Benjamin Hart
Lyne his heirs executors administrators or assigns during the
continuance of his or their estate and interest therein and during the
residue of the
said term for the said John Hamley his heirs and assigns into and upon
the said demised premises or any part thereof in the name of the whole
to re-enter and the same to have again repossess and enjoy as if this
present
demise or Lease had never been made anything herein contained to the
contrary notwithstanding Provided also and it is hereby further declared
and agreed that when and so often as any question shall arise
in my Court of Law or equity whether either of the persons on whose
deaths the term hereby granted is made determinable be living or dead it
shall be incumbent on the said Alice Treleaven her executors
administrators or assigns to prove such person to be living and in
default of such proof such person shall be deemed and taken to be
actually dead with respect to the demise hereby made any Law or usage to
the
contrary notwithstanding And the said John Hamley for himself his heirs
and assigns doth hereby covenant and agree with and to the said Alice
Treleaven her executors administrators and assigns in
manner following that is to say that she the said Alice Treleaven her
executors administrators and assigns by and under due payment of the
said rent and heriots and due performance and observance?
of all and singular the Covenants stipulations and agreements herein
contained shall and lawfully may take and enjoy the said demised
premises for the term and in manner aforesaid without any
lawful lot or interruption of or by the said Benjamin Hart Lyne and John
Hamley respectively or either of them or their respective heirs
executors administrators or assigns or any person or persons lawfully
claiming under or in trust for them or either of them And also that he
the said John Hamley his heirs or assigns shall and will upon the
decease or dropping of such one of the lives
hereinbefore named as shall first die at the request costs and charges
of the said Alice Treleaven her executors administrators or assigns for
the sum of five shillings made and execute a new
Lease of the said demised premises for the like term of Ninety nine
years to be determined on the death of such person as shall be nominated
instead of such one of the aforesaid Lives so dying and
under the like yearly rent terms and conditions as are hereby reserved
and herein contained provided such request be made within one year after
the decease of the life so dying or
dropping as aforesaid 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
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John Hamley |
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B.H. Lyne |
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Alice Treleaven |
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Signed on reverse
Simon Peter
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