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THIS INDENTURE made the 26th day of November 1861
BETWEEN GEORGE HAMLEY of Saint Mabyn Cornwall Mason of
the one part MARK KENNAWAY HENRY HOOPER and WILLIAM
TOMBS of Exeter Esquires the Trustees of the Resident
Permanent Building Society duly formed and the rules of
which have been duly certified and enrolled according to
the Law hereinafter called the Trustees of the other
part WITNESSETH that in consideration of the sum of £35
sterling now paid by the said Trustees out of the funds
of the said Society on the application of and to the
said George Hamley on and in respect of a certain share
in the said Society of which the said George Hamley is a
proprietor and subscriber for the receipt of which he
doth hereby acknowledge HE the said George Hamley doth
hereby grant bargain sell and assign unto the said Mark
Kennaway Henry Hooper and William Tombs as such trustees
their successors executors administrators and assigns
ALL THAT piece or parcel of ground together with the
three cottages and dwelling houses thereon situate in
the Church Town of Saint Mabyn within the Parish of
Saint Mabyn formerly part of Greenwix’s Farm or Tenement
which said premises were lately in the tenure or
occupations of Richard Andrews and Thomas Parry being
the same premises comprised in and demised by the
hereinafter mentioned Indenture of Lease of the 16th of
September 1861 TOGETHER with all edifices buildings
fixtures ways rights easements privileges and
appurtenances to the same premise respectively belonging
And all the Estate Right Title property claim and demand
whatsoever by him the said George Hamley in or to the
said premises except as hereinafter mentioned together
with the said Indenture of Lease TO HAVE AND TO HOLD the
said premises with their appurtenances unto the said
Mark Kennaway Henry Hooper and William Tombs their
Executors Administrators and Assigns from henceforth for
the residue and remainder of a certain term of 21 years
save the last day thereof created by a certain Indenture
of the 16th of September 1861 and therein granted John
Tremain Esquire to the said George Hamley PROVIDED that
if the said George Hamley his Executors Administrators
and Assigns shall pay unto the Trustees for the time
being of the said Society their Executors Administrators
and Assigns the sum of £1 3 6 on the first Monday of
every calendar month of March June September and
December in every year now next ensuing for the term of
12 years from the 3rd day of March next which is the day
for the first quarterly payment and shall pay the other
sums which under the rules of the said Society shall
become payable on the aforesaid share or monies advanced
thereon at the respective times at the places and in
manner in which the same ought to be paid in accordance
with the present or any future rules of the said Society
and shall in the meantime observe the covenants
hereinafter contained the said George Hamley may hold
and enjoy the said premises without disturbance by the
said Trustees PROVIDED that if default shall be made in
any of the matters aforesaid for the space of 2 calendar
months It shall be lawful for the Trustees for the time
being of the Society at any time or times thereafter
without any further notice to or even against the
consent of the said George Hamley his Executors
Administrators and Assigns to enter upon and take
possession of and receive the Rents and Profits of the
same premises and to let and lease the same and also
either by public auction or private contract and subject
to such special or other conditions of sale as may be
deemed expedient absolutely to sell and dispose of the
said premises or the Policies of Insurance hereinafter
mentioned either in parcels or together for the residue
of the said term other the Estate hereby granted with
full power to buy in and resell the same without being
answerable for any loss thereby occasioned and to make
and resend all such contracts deeds and assurances as
Trustees for the time being of the said Society for the
time being may deem expedient and shall out of the
monies arising by any of the means aforesaid firstly
satisfy the costs and expenses attending the execution
of the Trusts or enforcing the covenants powers and
authorities hereby given declared and contained or in
enforcing any covenant without purchaser or lessee or in
keeping on foot the Policy of Insurance hereinafter
covenanted to be effected or in observing the covenants
contained in the hereinbefore mentioned Indenture of
Lease and then shall retain to themselves the full
amount of all payments in arrear and fines then due in
respect of the said share or the monies hereby secured
in accordance with the said rules and of all the then
future quarterly payments hereby made payable on the
said advanced share for the remainder of the said term
of 12 years calculated according to the said Rules of it
being hereby declared that all such future payments as
would after such sale become due shall be deemed due at
the time of such sale and shall pay the surplus if any
unto the said George Hamley his Executors Administrators
and Assigns AND IT IS HEREBY DECLARED that the receipt
of the Trustees for the time being of the said Society
their Heirs Executors Administrators or Assigns shall be
valid discharged to a person paying him or them any
monies nor shall such person be answerable for the
application thereof or be bound to enquire whether any
default has been made as aforesaid or as the regularity
of any sale or lease nor shall such person or whether
the net rents were insufficient to satisfy the payments
as aforesaid be affected by express notice of any
irregularity and that no default had been made but as
respects a purchaser any sale shall be deemed valid and
within the power aforesaid AND the said George Hamley
doth hereby for himself his Heirs Executors
Administrators and Assigns covenant with the time being
of the said society that he the said George Hamley his
Executors or Administrators will on the first Monday of
every calendar month of March June September and
December during the said period of 12 years punctually
pay to the Trustees for the timer being of the said
security the said quarterly sum of £1 3 6 and all other
monies which shall come due and payable in respect of
the said share under the said rules for the time being
of the said security and that this covenant may be sued
on and enforced as often as any default shall be made in
any payment which shall become due without prejudice to
the exercise of any other powers herein contained AND
FURTHER that the said George Hamley now hath in himself
good authority to assign the said premises in manner
aforesaid and that the said Indenture of Lease are good
valid and subsisting and not become void or voidable AND
also that it shall be lawful for the Trustee or Trustees
for the time being of the said Society and their Heirs
Executors Administrators and Assigns at any time
hereafter when authorised by the said rules or these
presents so to do into and upon the said premises to
enter and the same peaceably to hold and enjoy for the
time thereby assigned therein AND that the said George
Hamley his Heirs Executors Administrators and Assigns
will upon the request of the Trustees for the time being
at the said Society at the costs of the said George
Hamley his executors and administrators until the
premises shall be assigned or sold under the powers
herein contained and afterwards at the expense of the
Purchaser thereof make and execute all such further acts
and assurances for the more perfectly assuring the said
premises to the said trustees their Heirs Executors
Administrators and Assigns or any purchaser or
purchasers their or his Heirs Executors Administrators
and Assigns as he or they shall reasonably require AND
further at the said George Hamley his executors and
administrators will during the continuance hereof and
while any monies shall remain due hereunder pay the
ground rent and perform the covenants as on the Lessees
part in the same Indenture are to be paid performed and
kept AND further that the said George Hamley his Heirs
Executors Administrators and Assigns will during the
continuance of this security insure and keep insured
against loss by fire the said messuages and premises in
the sum of £50 at the least in some respectable Fire
Insurance Office to be approved of and in the names of
the said Trustees or other the Trustees of the said sums
hereby secured by the said George Hamley his executors
or administrators shall make default in payment of the
said quarterly payment or other sums hereinbefore
stipulated to be paid or the said Insurance Premiums at
the times places and in manner when and where the same
ought to be paid rents or herriotts reserved in the said
Lease or shall fail to observe the covenants and
stipulations therein contained on the lessees part to
pay any monies that may be expended in repairs that then
and in either of such cases and as often as either of
such events shall happen it shall be lawful for the
Trustee or Trustees or acting Secretary for the time
being of the said Society or his or their Appointees
Servants or Bailiffs break enter into the said premises
or any other Tenement which may hereafter be in the
actual possession of the said George Hamley and his
goods chattels and effects to seize keep possession of
all remove and dispose of such distress or distresses as
a Landlord might a lawful distress for rent reserved
upon a lease for years or a Sheriff might under a lawful
writ of execution issued against the said George Hamley
without any hinderance or denial to the intent that the
deficiency if any in-payment of the remainder of the
said premises or other sums hereby made payable then due
in arrear and all rents then unpaid and the costs
occasioned thereby shall be fully paid and satisfied AND
IT IS HEREBY DECLARED that nothing herein contained
shall hinder or preclude the Trustees for the time being
of the said Society from exercising or having any of the
Rights or Authorities given to him by the rules so
certified as aforesaid of the said Society AND that the
said Trustees shall have full power at any time
hereafter to have such stamp shall be a charge on the
said Premises IN WITNESS of the said parties to these
presents their hands and seals have hereunto set the day
and year first above written Return to St Mabyn Parish Page
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |