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INDENTURE
No 25 Ent.
Manor of Trenerth
Dated: 29 September 1828
His Grace the Duke of Leeds to William PALLAMOUNTAIN, tinner
Counterpart of Lease of a Tenement in Trenerth in Gwinear
Conson? Surr &? £32.00
Rent £0.7s.8d
Lives
Lessee aged 32
Ann his wife aged 25
William his son aged 3years
RH 2470
This indenture made the twenty-ninth day of September in the year of our
Lord one thousand eight hundred and twenty eight. Between the most noble George
William FREDERICK Duke of Leeds of the one part and William PALLAMOUNTAIN
of the parish of Gwinear in the said county, tinner of the other part. Witnesseth
that for and in consideration that he the said William PALLAMOUNTAIN hath
surrendered and yielded up into the hands and possession of the said Duke
of Leeds a certain Indenture of Lease of the premises hereinafter demised
bearing date the twenty fourth day of January one thousand seven hundred and
seventy seven made and granted by the Right Honourable Lord Godolphin to
John FAULLS mason, to which said Lease the said William PALLAMOUNTAIN
doth hereby for himself his executors and administrators covenant with the
said Duke of Leeds his heirs and assigns that he is well untitled and hath
a right to surrender the same and doth hereby surrender the same accordingly.
And also in consideration of the sum of thirty two pounds of lawful money
of Great Britain to him the said Duke of Leeds in hand paid by the said William
PALLAMOUNTAIN at or before the execution hereof the receipt whereof is hereby
acknowledged. He the said Duke of Leeds hath granted demised and leased and
hereby doth grant demise and lease unto the said William PALLAMOUNTAIN All
the dwelling house with the meadows and closes of land hereunto belonging
situate lying and being in the said parish of Gwinear and parcel of the tenement
of Trenerth in the same parish formerly in the possession of William OATS
Heir of John FAULL the younger and now of the said William PALLAMOUNTAIN.
Excepting and reserving out of this demise unto the said Duke of Leeds his
heirs and assigns, all tin, tin stuff, copper, lead and all other ores, mine,
metals, and minerals and quarries of all kinds whatsoever, and also clay and
marle lying and being on the said premises or any part thereof, with liberty
of Ingress, Egress and Regress, to and for him and them, and his and their
servants, workmen, and agents, in, through, and upon the said premises, to
dig, search and work for the same respectively, and the tin, copper, lead
and other ores, metals and minerals, stones, slate, and other contents of
the said quarries, clay and marles, to land, lay, dress manufacture and carry
away, when and as he or they shall think proper, to and for his and their
own proper use, and benefit; and also to sink any pits or shafts and to make
any adit or adits, and erect any houses, engines or machines for draining
or drawing off any waters, and for the better and more convenient carrying
on and managing any mines or works, and to take and dig earth and stones for
that or any other purpose, and also excepting liberty and power to set, let
and demise, all or any part of the downs or commons belonging to the said
premises to any person or persons whomsoever, and liberty and power for him
the said Duke of Leeds his heirs and assigns and the person or persons to
whom the said downs or commons shall be so demised, to enclose and build on
the same in such manner as he or they shall think proper; and excepting all
waters, water-courses, leats and passages of and for water whatsoever, with
liberty to bring, pass, divert or convey away, any waters or water-courses
into, through or from any part of the said Premises and for that purpose to
make any head-wares, trenches, drains, leats or other conveniences therein
or thereupon, or in or upon any part thereof, and to cut turf therein for
amending and repairing the same, and to make use of such waters and water-courses
into, through, or from any part of the said premises, and for that purpose
to make any head-wares, trenches, drains, leats or other conveniences therein
or thereupon, or in or upon any part thereof, and to cut turf therein for
amending and repairing the same, and to make use of such waters and water-courses
for any purpose whatsoever, and also excepting all trees, saplings, woods
and coppice woods, whatsoever, with the lops and shreds thereof, now rowing,
or hereafter to grow, in or upon the said premises, or any part thereof, with
liberty to fell, root up, work up and carry away the same, and to bark the
same and to lay, dry, cure and preserve the barks thereof, and also to make
charcoal on the premises and to have property ways and passages for taking
and carrying away all such trees and saplings, woods, coppice woods, barks
and charcoal, with liberty also to plant any trees as he or they shall think
proper, at any time during the term hereby granted in any part of the said
premises making a reasonable compensation for any damage done thereby, and
also excepting, all usual ways and passages whatsoever through and over the
said premises; and also liberty for him the said Duke of Leeds his heirs and
assigns, servant or agents, friends and followers to hunt, hawk, fish and
fowl, in and upon the said premises: and likewise excepting all royalties
whatsoever: to have and to hold all and singular the said premises hereby
demised, with the appurtenances (except before excepted) unto the said William
PALLAMOUNTAIN his executors, administrators and assigns, from the day of the
date hereof for and during the full time and term of ninety-nine years hence
next ensuing, and fully to be complete and ended, If the said William PALLAMOUNTAIN
now aged about thirty two years, Ann his wife now aged about twenty five
years, and William their son, now aged about three years, or any or either
of them shall so long happen to live, He the said William PALLAMOUNTAIN, his
executors, administrators and assigns, yielding and paying therefore yearly
and every year, during the said term, unto the said Duke of Leeds his heirs
and assigns, the yearly rent or sum of seven shillings and eight pence of
lawful money of Great Britain, clear of land tax and all deductions and reprises
whatsoever, at the four most usual Feasts or Days of payment of rent in the
year, (that is to say, Lady day, Midsummer, Michaelmas and Christmas) by
even and equal portions and quarterly payments, to be divided and paid, the
first payment thereof to begin and be made at or on the twenty fifth day
of March next ensuing the date hereof.
And if it happen that the said Yearly Rent or other payments aforesaid,
or any or either of them, shall be behind or unpaid, after any or either
of the Feasts or Days of Payment aforesaid, whereon the same ought to be
paid being lawfully demanded and not paid, Or if the said William PALLAMOUNTAIN,
his executors, administrators, or assigns, shall suffer the said premises,
or any part thereof to be ruinous or in decay, to the value of twenty shillings,
and the same shall not amend and repair within six months next after Notice
to him or them given, or left on the said premises, or at his or their place
of abode for the time being, Or shall cut, break, pluck up, deface, damage,
destroy, or carry away any tree or trees, Or do or shall commit, permit or
suffer an act or thing whatsoever, prejudicial to the said premises or to
the title or estate of the said Duke of Leeds his heirs and assigns, of and
in the same, Or shall not observe and act agreeable to the exceptions and
clauses and do perform and execute all and every one of the covenants and
agreements herein contained, Then for all, any, or either the causes
aforesaid, it shall and may be lawful to and for the said Duke of Leeds his
heirs and assigns, into and upon the said premises, or any part thereof in
the name of the whole, to re-enter, and the same to have again, repossess
and enjoy, as in his or their former estate or right. And the said William
PALLAMOUNTAIN doth hereby for himself his executors administrators and assigns,
covenant, promises and agree to and with the said Duke of Leeds his heirs
and assigns, that he the said William PALLAMOUNTA his executors, administrators
and assigns, shall will pay or cause to be paid unto the said Duke of Leeds
his heirs and assigns, the said yearly rent and other payments, in manner
and form aforesaid, and shall and will repair, uphold, sustain, maintain,
and keep all and singular the said premises hereby demised, with the appurtenances,
and every part and parcel thereof, in and with all necessary reparations
whatsoever during the said term, and the same at the end thereof, so well
and sufficiently repaired and kept at his and their costs and charges, shall
and will leave and yield up, And shall and will do and perform suit and service
to all and every Court and Courts of the said Duke of Leeds his heirs and
assigns to be held for the Manor of Trenerth and also the office of Reeve,
as often as thereunto elected, and all other offices and services belonging
to the said Manor, And shall and will grind all his and their corn and grain,
to be expended and used on the said premises, at the Mill belonging to the
said Manor and also shall and will, within three months next after notice
to him or their given or left on the said premises, or at his or their place
of abode for the time being produce and shew forth unto the said Duke of
Leeds his heirs and assigns the several lives above named or otherwise make
it appear to him or them within the time aforesaid, or within a reasonable
time, if the said several lives or either of them happen to be in foreign
parts, by a good and sufficient certificate that such of them be living. And
shall and will during the whole of the said term hereby granted do and act
and manage and manure the said premises according to the rules of good husbandry.
And the said Duke of Leeds and his heirs all and singular the said premises
hereby granted, with the appurtenances (except before excepted) unto the said
William PALLAMOUNTAIN, his executors administrators and assigns, during the
term aforesaid, as well against him, the said Duke of Leeds his heirs and
assigns, as against all and every person and persons whomsoever discharged
and saved harmless of and from all former and other gifts, grants, titles,
charges and incumbrances whatsoever, shall and will warrant, acquit and defend
by these presents; In Witness whereof the parties aforesaid to these presents
their Hands and Seals interchangeably have set the day and year above written.
Signed, sealed and delivered, in the presence of
Thomas TRELOAR
William PALAMOUNTAIN
Stamp paid £0.1s.4d
Transcribed by Jacqy FAULL Sep 2004
Original document held by Cornwall Record Office