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Indenture dated 5 March 1779

This Indenture made the Twenty fifth day of March in the Year of our Lord One thousand Seven Hundred and Seventy Nine Between John Paddy of the Parish of Roach and County of Cornwall Cordwainer of the One part and Joseph Allen of the same Parish and County aforesaid Tinner of the other Part witnesseth that the said John Paddy for and in Consideration of the Yearly Rents Covenants Conditions Exceptions Reservations and Agreements therein after mentioned which by the said Joseph Allen his Executors Administrators and Assigns is to be Said Kept Done and Performed So the said John Paddy hath Granted Sett and to Farm Lett and in and by these Presents doth Grant Sett and to Farm Lett and Confirm unto the said Joseph Allen his Executors Administrators and Assigns All and Singular One Sixth part of A Tenement Situate Lying and Being in the Parish of Saint Branwall and County aforesaid commonly called or known by the Name of Hill which consists of a Dwelling House or Houses and the Meadow under and one small Plot under that said Meadow and one small Plot under another Field called the Middle Meadow commonly called or known by the Name of the Little Irish and One Sixth part of the Down close belonging to the same Together with One Sixth part of the Mowhay and One Sixth part of the Garden All which said Premises were formerly in the Possession of Joseph Bastin since of William Best but now in the Tenure or Occupation of the said Joseph Allen to have and to hold all and Singular the aforesaid Premises with all Paths Ways Privileges and Appurtenance to the same belonging or in anywise appertaining Except as in the Original Lease is and are Excepted unto the said Joseph Allen his Executors Administrators and Assigns from the Day of the Date hereof for and During all the Rest Residue and Remainder of a Form of Fourscore and Nineteen Years as is granted in the Original Lease of the said Premises to be Determined on the Lives of One John Hore Rebecca his Wife and Florence Bastin Daughter of Edward Bastin of the Parish of Saint Stephens in Branwall aforesaid if they or either of them shall so long happen to live So the said Joseph Allen his Executors Administrators or Assigns yielding and Paying therefore Yearly and every Year During the said Term unto the said John Paddy his Executors Administrators or Assigns the full Sum of Three Pounds of good and Lawful Money of Great Brittain by even and equall Portions at the Four most usual feasts or Days of Payment of Rent in the year (that is to say) 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 The first payment to be made the Twenty fourth Day of June next ensueing the Date hereof and the said Joseph Allen his Executors Administrators or Assigns Yielding and Paying One Sixth part of all Lords Rent Rates Taxes and all other Outgoings Due or payable or shall be Due and Payable out of the whole of the Tenement Called Hill aforesaid During the said Term and the said Joseph Allen doth in and by these Presents for himself his Executors Administrators and Assigns Covenant Promise and Agree to and with the said John Paddy his Executors Administrators and Assigns in manner and Form following (that is to say) that he the said Joseph Allen shall and will from time to time and at all times hereafter his Executors Administrators or Assigns in manner and form aforesaid free and clear of and from all Rates Taxes and outgoings whatsoever due or payable or shall be due or payable out of the said Premises During the said Term The said Joseph Allen his Executors Administrators or Assigns Repairing also and well and Sufficiently Sustaining and Maintaining all and Singular the said hereby demised Premises and every part and Parcel thereof with its appurtenances as well in Houses Hedges Ditches Gates and Fences as in all other Needful and Necessary Repairations during the said Term and if it should happen the said hereby reserved Yearly Rent or any part thereof be behind and unpaid in part or in all for the space of Twenty Days next after either of the aforesaid Feasts or Days of Payment aforesaid in which the same right to be paid being lawfully demanded and then not paid That then and thereupon it shall and may be lawfull unto and for the said John Paddy his Executors Administrators and Assigns unto the said Premises or any part thereof to enter and Distrain according to law and the Distress there found the same from thence to take lead drive away and impound the same to detain and keep until the said Rent with arrears thereof if any be Be fully levied Satisfyed and paid but if no Distress can be found on the said Premises nor any part or Parcel thereof whereby the said Rent with the arrears if any be can be fully levied satisfy’d and paid that then and from thenceforth it shall and may be lawfull to and for the said John Paddy his Executors Administrators or Assigns into the said Premises hereby demised to Reenter and the same and every part and Parcel thereof with its appurtenances to have again Repossess and Enjoy as in his or their former Right or Estate These presents or anything herein Contained to the Contrary hereof in anywise notwithstanding and the said John Paddy doth for himself his Executors Administrators and Assigns Covenant Promise and Agree unto and with the said Joseph Allen his Executors Administrators and Assigns That it shall and may be lawfull unto and for the said Joseph Allen his Executors Administrators and Assigns from time to time and at all times hereafter during the Term hereby granted by and under the Rents Reservations Covenants Exceptions and agreements beforementioned quietly and Peaceably to have hold use occupy possess and enjoy all and singular the said hereby demised Premises and every Part and parcel thereof with its appurtenances without the Lawfull Lett Suit Trouble Burthen Charge Eviction Interruption Hinderance or Denyal of him the said John Paddy his Executors Administrators or Assigns of any other Person or Persons whatsoever Lawfully Claiming or to Claim in by from or under him or them or any or either of them and the said Joseph Allen his Executors Administrators and Assigns is to demand and Receive One Shilling and Eight Pence Per Year and every Year During the said Term of John Yelland his Executors Administrators and Assigns or of any or either of them being an Yearly Rent paid by the said John Yelland or his Assigns out of a Down Close belonging to the Tenement aforesaid In Witness whereof the Parties aforesaid to these Present Indentures their Hands and Seals have Interchangeably Set the Day and Year first above Written

N.B. Printed form with hand-written insertions, shown in italics. Words in both italics and brackets are inserted by the transcriber e.g. (signed). Spellings are as found.

Contributed by Ann Tumser

 
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