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2 March 1795 St Mabyn THIS INDENTURE made the 2nd day of March in the thirty fifth year of the reign of Our Sovereign Lord George the third and in the year of Our Lord 1795 BETWEEN John Enys of Enys in the County of Cornwall Esquire of the one part and John Bawden of the Parish of Saint Mabyn in the said County Yeoman of the other Part WITNESSETH that the said John Enys as well for and in consideration that the said John Bawden hath at his own expenses erected and built a dwelling house consisting of two ground rooms and of two bed chambers over the same on the premises herein granted as also for and in consideration of the yearly rent and other payments reservations covenants provisos conditions and agreements herein mentioned and expressed and on the part and behalf of him the said John Bawden his heirs and assigns to paid observed performed fulfilled and kept He the said John Enys HATH granted demised and let and by this indenture DOTH grant demise and let unto the said John Bawden his heirs and assigns ALL THAT messuage or tenement consisting of a dwelling house consisting of two ground rooms and two chambers lately erected and built by the said John Bawden and all that piece of land or ground parcel of a certain meadow commonly called or know by the name of Penrose Meadow and part of the Barton of Burlerrow, situate in the Parish of Saint Mabyn aforesaid lately allotted out of the said meadow for and enclosed by the said John Bawden containing on the whole one eighth part of an acre or thereabouts excepting and always reserving out of this grant and demise unto the said John Enys his heirs and assigns all tin and tin ore copper and copper ore and all other mines minerals and metals waters water courses coal clay marl and quarries of stone and slate of whatever kind soever the same be respectively that now are found discovered wrought or being or that shall or may at any time or times hereafter be found discovered wrought being in or upon the said demised premises or in or upon any part or parcel thereof and also all trees standards pollards and saplings of every kind and sort whatsoever now growing or being or that shall or may at any time hereafter grow and be in or upon the said demised premises or in or upon any part or parcel thereof together with free liberty licence and authority to grant the same mines minerals waters and water courses coal clay marl and quarries to any person or persons whomsoever also for free liberty of ingress egress and regress and request into from and upon the said hereby demised premises or on any part thereof as well for his workmen and agents to view the repair of the said premises as for such person or persons to whom such grants may be made as aforesaid to dig delve and search for tin tin ore copper copper ore or for any other monies metals minerals coal clay marl or quarries whatsoever and to sink drive or make and make any adit or adit shaft or shafts in or upon the said demised premises or on any part thereof and the same tin tin ore copper copper ore or metals and minerals coal clay marl and quarries there respectively raised found dug and being there to break land dress and make merchantable take and carry away And also to erect any engine or engine house or houses machine or machines concerning a convenience in or upon the said demised premises or in or upon any part thereof for the better and more effectual working such mine or mines coalpits claypits and quarries of stone and slate as aforesaid also to act or make any leats or water courses in or upon any part of the said demised premises for the diverting such waters as shall be found thereon or for the diverting or carrying away other waters or water courses through he same premises for the better and more effectual working of the said mines or for working of any other mines use or purpose whatsoever Also to fell cut down root up take and carry away the said hereby reserved trees and saplings together the lops poles roots and shreds at his and their own wills and pleasure also expecting the royalties of hunting hawking and fowling for himself his heirs and assigns his and their servants and suite and also for all persons deputed by him or them in or upon and over the said hereby demised premises an in upon and over every part thereof at all times whatsoever TO HAVE AND TO HOLD the said messuage tenement and premises hereinbefore mentioned and intended to be hereby granted and demised and every part and parcel thereof with the appurtenances (except as before accepted) unto him the said John Bawden his heirs and assigns from the date thereof for by and during the natural lives of the said John Bawden now aged 36 years Elizabeth Bawden his wife now aged 27 years and Mary Bawden their daughter now aged 5 years and for and during the natural life of either of them longest living He the said John Bawden his heirs and assigns YEILDING AND PAYING therefore yearly and every year for the space of 12 years and 6 months from the 25th day of March last past (if the said several lives shall so long live) unto John Buscomb of the parish of Saint Mabyn Yeoman his executors or administrators the clear yearly rent or sum of 5 shillings of good and lawful money of Great Britain and after the expiration of the said 12 years and 6 months YEILDING AND PAYING unto the said John Enys his heirs or assigns at Enys Mansion House yearly and every year during the continuance of this grant or demise the clear yearly rent or sum of 5 shillings of good and lawful money of Great Britain free and clear of all taxes and deductions whatsoever by quarterly payments in equal portions to be divided and paid at or on the four most usual feast or day or days of payment of rent in the year that is to say Christmas day Lady day Midsummer day and Michaelmas day the first payment thereof to the said John Buscomb to begin and be made on the 24th day of June next ensuing the date hereof and the first payment thereof to the said John Enys to be made on the 25th of December which will be in the year of Our Lord 1807 and also paying the sum of 5 shillings within one month next after the death of each of the said lives whenever the same shall happen for and in the name of an heriot or farlief also yielding and paying at his and their own costs and charges during the continuance of this grant and demise all and all manner of rates taxes charges assessments impositions and outgoings whatsoever which now are rated taxed charged assessed or impressed on the said demised premises or which shall or may at any time or times hereafter during the continuance of this grant or demise be rated taxed charged assessed or imposed in or upon the said demised premise or on any part thereof by authority of Parliament or otherwise howsoever ALSO REPAIRING and was and sufficiently sustaining and maintaining during the continuance of this grant or demise as his and their own like costs and charges as well all and singular the said demised premises as all and singular such other buildings as may at any time during the continuance of their grant or demise be erected and built thereon and that as well houses walls coverings hedges ditches gates and fences as in all other needful and necessary reparations and amendments whatsoever inside and outside when and as often as need shall be and required and at the expiration of this grant or demise or other sooner determination thereof the same premises and every part thereof with its and their several appurtenances so to be well and sufficiently replaced as aforesaid in such good repair as aforesaid in all respects shall and will leave and yield up into the hand and possession of the said John Enys his heirs and assigns PROVIDED always and it is the true intent and meaning of this indenture and it is hereby covenanted by and between the said parties hereto that if it shall happen that the said yearly rent of 5 shillings or any of the said other payments dues reservations covenants exceptions provisos and agreements aforesaid any or either of them shall at any time or times hereafter during the continuance of this grant or demise be behind unpaid or unemployed by the said John Bawden his heirs or assigns any or either of them in part or in all by the space of 20 days next after any or either of the said days or times hereinbefore appointed for the payment or performance thereof respectively and no sufficient distress by all that time can or may be had or found on the said demised premises or on any part thereof whereby the said rent and other payments aforesaid and all arrears thereof together with all costs attending the same can or may be faulty levied satisfied and paid OR if the said John Bawden his heirs and assigns any or either of them shall at any time during the continuance of this grant or demise suffer the said demised premises or any part thereof to be ruinous in decay or out of repair for want of due reparations to the amount of 20 shillings and shall not or do not repair the same within three months next after notice thereof in writing to be given to him or them or left on some part of the said demised premises by the said John Enys his heirs or assigns or by his or their known steward or agent on his or their behalf or behalves for that purpose OR shall do or commit or suffer to be done or committed any waste on the said demised premises or on any part thereof or any other act thing or deed whatsoever to prejudice the freehold and inheritance of the said demised premises or any part thereof OR if the said John Bawden his heirs or assigns do not within the space of one year next after a notice in writing shall be left at his dwelling house for that purpose signed by the said John Enys his heirs or assigns or by his or their own steward or agent produce and show forth unto the said John Enys his heirs or assigns at his or their Mansion House at Enys or unto his or their own steward or agent at Enys aforesaid the said John Bawden Elizabeth Bawden and Mary Bawden all or either of them in their several proper persons in residence to the satisfaction of the said John Enys his heirs or assigns or his or their known steward or agent that the said John Bawden Elizabeth Bawden some or one of them are or is living and where resident OR do or shall hinder or obstruct or cause or procure to be hindered or obstructed the said John Enys his heirs or assigns from having and enjoying all or any part of the said demised premises or into or upon some part or parcel thereof in the name of the whole immediately to renter and the said demised premises with all and singular its and their right members and appurtenances shall and may from thenceforth quietly and peaceably have again retain repossess and enjoy as in his and their first and former estate anything herein contained to the contrary thereof in any wise notwithstanding AND the said John Enys for himself his heirs and assigns doth hereby covenant promise and agree to and with the said John Bawden his heirs and assigns in manner and form following that is to say that it shall and may be lawful to and for the said John Bawden his heirs and assigns all and singular the said premises hereby demised as aforesaid with their and every of their rights members and appurtenances (except as before is accepted) under and subject to the payments dues reservations exceptions covenants provisos and agreements herein contained and reserved as aforesaid and on the parts and behalf of the said John Bawden his heirs and assigns to be received performed fulfilled accomplished paid and kept peaceably and quietly to have hold use occupy possess and enjoy during the existence of the several lives before mentioned without the lawful let suit burthen trouble molestation hindrance or denial of him the said John Enys his heirs or assigns or of or by any other person or persons whomsoever claiming or to claim from by or under him or them AND the said John Enys hath nominated constituted and appointed and in his place put and by this indenture doth nominate constitute and appoint and in his place put the said John Buscomb of the said Parish of Saint Mabyn his true and lawful attorney for him and in his name and stead into seizin thereof or of some part thereof in the name of the whole unto the said John Bawden or his certain attorney in that behalf lawfully authorised according to the form effect and true meaning of the power to him by this indenture made and granted as aforesaid hereby ratifying and confirming all and whatsoever his said attorney shall do in the premises by virtue of the power to him hereby given IN WITNESS whereof the parties above named have hereunto severally set their hands and seals the day and year first above written Signed John Bawden John Enys On Reverse Memorandum that on the 13th day of April 1796 full possession and seizin was had and taken of the premises within granted by John Buscomb the attorney within named by him delivered unto John Bawden his heirs and assigns according to the contents true intent and meaning of the within indenture In the presence of William Bawden (Two other signatures on reverse in the same hand that look like ? Warren. MMc)
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |