Lease

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[The document measures 590x800mm and a single skin of parhment sealed with wax. The page is indentured at the top.

[Cover—i.e. the back of the unfolded document]

Dated 25th March, 1824 [sideways] No. 33

Manor of Dennis Eia and Porthia—No. 33

Conson. [Consideration] £60—

Rent 15/– — Heriot £1 - 10 - 0

This indenture Made the twenty fifth day of March [inserted] in the year of our Lord [end insert] one Thousand eight hundred and twenty four - between Samuel Stephens of Tregenna Castle in County of Cornwall Esquire of the one part and Margery Thomas of the Borough of Saint Ives in the same County Spinster of the other part - Witnesseth that in consideration of the Sum of Sixty Pounds of lawful money current in Great Britain to the said Samuel Stephens in hand well and truly paid by the said Margery Thomas at or before the Sealing and delivery of these presents the receipt whereof is hereby acknowledged and hereon endorsed He the said Samuel Stephens hath granted demised and leased and by these presents doth grant demise and lease unto the said Margery Thomas her Executors Administrators and assigns. All that small Dwelling House with the Stable and Garden near the same now and for some time past held and occupied by [insert] John Thomas Brother of [end insert] the said Margery Thomas. And also all that other small Dwelling House adjoining the Dwelling House above mentioned now and for some time held and occupied by James Wallis. All which said premises are situate near the Higher Bridge in Saint Ives aforesaid and with other premises lately fell in hand to the said Samuel Stephens on the death of Christopher Trewhella Gentleman and are part and parcel of the Manor of Dennis Eia and Porthia. Accepting and hereout Reserving unto the said Samuel Stephens his Heirs and assigns liberty to erect or make any Wall Hedge or Building adjoining to and with the premises hereby demised. And also liberty to enclose any part of the Commons belonging to the said demised premises. And also liberty of digging and Searching for all Mines and Streams of Tin Copper Lead and other minerals and quarries of Stone and Slate and pits and veins of Marle Clay and Soap Rock with liberty and manufacture the same or either of them on the premises and any or either of them there found to raise dress and make merchantable on the premises and carry away with all sorts of carriages to their own use - and to make use of any waters now being or hereafter to run within the premises with liberty to divert and convey the same or any other waters in and throughout the said premises by Leats Drifts and other Contrivances at will and pleasure. And also Reserving all Timber Trees and Saplings with liberty to root up cut down saw up chark and carry away the same at pleasure. And also excepting the liberty of hunting shooting and fishing and using and exercising all manerial [sic] rights within and upon the premises and of passing and repassing by and through all usual ways leading in and through the said premises with the free rise and enjoyment of all the said privileges and exceptions in as full and ample a manner as shall be found necessary for the benefit and advantage of the said Samuel Stephens his Heirs and Assigns. To have and to hold all and singular the said premises hereby demised or intended so to be with the appurtenances (except before excepted) unto the said Margery Thomas her Executors Administrators and assigns from the day of the date hereof for the term of Ninety nine Years to be fully complete. If the said Margery Thomas now aged about forty four years, [insert] the said {end insert] John Thomas her brother of Saint Ives aforesaid yeoman now aged about thirty years and [different hand] Nancy ~ ~ ~ [end difference] Paynter Spinster Daughter of [different hand] John Paynter ~ ~ ~ [end difference] of the said Borough of Saint Ives, [different hand] cordwainer, [end difference] now aged about twenty six years or either of them shall so long happen to live. She the said Margery Thomas her Executors Administrators and assigns yeilding and paying therefore during the term hereby granted unto the said Samuel Stephens his Heirs and assigns the yearly rent of Fifteen Shillings of lawful money at the four most usual days of payment of Rent in the Year (that is to say) at Midsummer Michaelmas Christmas and Lady-day by equal portions (free of all Rates taxes and deductions whatsoever.[)] And further Paying the Sum of one Pound and ten Shillings in lieu of an Heriot upon the deaths of each of them the said Margery Thomas John Thomas and [different hand] Nancy ~ Paynter [end difference] - Performing also suit to all and every the courts to be holden for the said manor of Dennis Eia and Porthia or paying two Shillings and Six pence for every default. And executing the office of Reeve of the Court to be held for the said Manor when thereunto chosen and performing suit of will and all other suits and services as other Tenants of the said Manor do or ought to do - all which the said Margery Thomas doth for herself her Executors administrators and assigns Covenant and agree to pay and perform. and if that the said Yearly Rent Heriot or other reservations of any part thereof shall be unpaid for twenty days next after either of the times of payment whereon the same out to be paid being lawfully demanded. Or if the said Margery Thomas her Executors administrators or assigns shall permit or suffer any part of the said premises to be ruinous or in decay to the value of Forty Shillings or more and the same shall not sufficiently repair within two months next after notice given him or them or left on the said demised premises. or shall commit or cause to be done any act matter or thing whatsoever which shall or may be prejudicial to the Title or Estate of the said Samuel Stephens his Heirs and assigns of and in the said premises That from henceforth it shall be lawful for the said Samuel Stephens his Heirs and assigns into the said premises with the appurtenances to reenter and the same to retain and reposes as in his or their former right or Estate. and the said Margery Thomas doth hereby for herself her Executors administrators and assigns covenant promise and agree to and with the said Samuel Stephens and Heirs that she the said Margery Thomas her Executors Administrators and assigns shall and will pay or cause to be paid unto the said Samuel Stephens his Heirs and assigns the said Rent Heriot and other Reservations in manner and at the times aforesaid. And shall and will during the said term well and sufficiently repair every part of the said premises and well in Walls Roofs Doors floors and partitions as in all other reparations whatever and the same at the end of the said term well and thoroughly repaired at his her and their own costs shall and will peaceably leave and yield up. And further shall not nor will during the said term hereby granted alter deface remove or destroy any Landmark Boundary Hedge or Fence of the said demised premises without the consent of the said Samuel Stephens his Heirs and assigns. And also shall and will at any time upon notice to be delivered to him or them or left on the said demised premises give or cause to be given to the said Samuel Stephens his Heirs and assigns within twelve months after such notice legal proof that the persons herein named as the lives on the said premises hereby demised are severally in existence and in what part of the Kingdom or place beyond the Seas they were severally abiding at or about the time of such notice given. And in case the last or only life cannot be so proved to exist at the end of twelve months after notice given as aforesaid. Then upon demand of the said Samuel Stephens his Heirs or assigns shall and will peaceably yield up the said demised premises to such person as would be entitled to the reversion or Inheritance thereof in case such life had been actually dead. And further it is hereby covenanted and agreed upon by and between the parties hereto for themselves their and every of their Heirs Executors Administrators and assigns that it shall be lawful for the said Samuel Stephens his Heirs and assigns twice or oftener in every year in the day time with or without servants or workmen to come into and upon the said demised premises to view and examine the state and condition of the repairs thereof and if any defects or want of repairs shall be thereon found to give or leave notice thereof in writing to the said Margery Thomas her Executors Administrators or assigns at or upon the said demised premises to repair the same within the space of two months next after such notice so to be given or left as aforesaid. and in case the said Margery Thomas her Executors Administrators and assigns shall neglect to repair the same accordingly that then it shall be lawful for the said Samuel Stephens his Heirs and assigns agents and workmen to enter into and upon any part of the said premises that shall want repairs of any kind and to erect scaffoldings if necessary upon or near such the place and to provide materials and lay the same on any convenient part of the said premises and thoroughly repair such part thereof as shall be needful the expence [sic] all of which the said Margery Thomas doth for herself her Executors administrators and assigns hereby covenant and agree to pay unto the said Samuel Stephens his Heirs and assigns within the space of three months next after the doing thereof. and the said Samuel Stephens for himself his Heirs and assigns doth by these presents covenant promise agree unto and with the said Margery Thomas her Executors administrators and assigns that it shall be lawful for the said Margery Thomas her Executors Administrators and assigns under the payment and performance of the Rent Covenants and agreements aforesaid peaceably to hold posses and enjoy the said demised premises with the appurtenances without the lawful let suit or denial of the said Samuel Stephens his Heirs and assigns or any other person or persons whomsoever lawfully claiming or to claim the same. In Witness whereof the parties aforesaid to these presents (being first duly Stamped) there Hands and Seals Interchangeably have set the day and year first above written.

The mark or sign
M
of Margery Thomas

[on the back]

Signed Sealed and delivered
In presence of
J. G. Beckerleg
Chs. Ellis Richards