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INDENTURE

Dated 5th December 1833

Rack Lease of premises near PAULLS Downs in Crowan
His Grace the Duke of Leeds
To
Thomas FAULL, yeoman and
Edward FAULL, yeoman

Term: 14 years from Michaelmas 1833
Yearly rent £13.10s.0d

DD RH 1910

This Indenture made the fifth day of December in the year of our Lord one thousand eight hundred and thirty three Between His Grace the Duke of Leeds of the one part and Thomas FAULL and Edward FAULL yeomen of the other part. Witnesseth that the said Duke of Leeds in consideration of the yearly rent covenants and conditions hereinafter mentioned doth demise and lease unto the said Thomas FAULL and Edward FAULL, all that messuage and tenement with the appurtenances situate in or near PAULLS Downs in the parish of Crowan in the county of Cornwall late in the occupation of John RALPH or his under tenants and which lately fell in to the hands of  the said Duke of Leeds on the death of the said John RALPH which said premises are described in the former lease thereof as “All that messuage or dwelling house wherein one Henry PHILLIPPS formerly dwelled with the garden thereunto adjoining together with fifteen acres of land or thereabouts heretofore enclosed and of a certain Downs called PAULLS Downs lying towards the south of the said house and adjoining with part of the tenements of BINNERTON and POLGLASE being part and parcel of the Manor of Godolphin.” Reserving unto the said Duke of Leeds during his lifetime and after his decease to the person or person for the time being entitled to the same all ores, metals, minerals, clay, marle and quarries of stone within or under the said described premises with liberty for him and them and his and their lessees workmen and agents to dig for and carry away the same at pleasure and also excepting all springs and streams of water and water courses whatsoever with liberty to conduct any streams of water into over through and from the same premises and for that purpose to make such dams channels and other works as he or they shall think proper and to use such waters and water courses for any purpose whatsoever and also excepting al trees and saplings whatsoever with the tops and lops thereof and power of entry for felling cutting rooting up and carrying away the same at pleasure. And also excepting all game and all royalties whatsoever with liberty and power for the said Duke of Leeds during his lifetime and after his decease for the person or person so entitled as aforesaid or any other person by or them authorised to hunt and shoot over the said premises. To have and to hold the said messuage and premises with the appurtenances (except before excepted), unto the said Thomas FAULL and Edward FAULL their executors and administrators for and during the full term of fourteen years to be computed from the twenty ninth day of September one thousand eight hundred and thirty three under the yearly rent of thirteen pounds and ten shillings of lawful money current in Great Britain by equal quarterly payments - the first of such payments to be made at Christmas next. And the said Thomas FAULL and Edward FAULL do hereby for themselves jointly and severally and for their joint and several executors and administrators covenant and agree to and with the said Duke of Leeds and such other person or persons entitled after his decease as aforesaid that they the said Thomas FAULL and Edward FAULL or one of them their or one of their executors administrators or assigns shall and will well and truly pay or cause to be paid the said yearly rent of thirteen pounds and ten shillings quarterly without any deduction or abatement whatsoever. And also shall and will pay bear and discharge the land tax and all other taxes, rates, impositions, assessments and outgoings whatsoever laid or imposed upon or in respect of the said premises or any part thereof during the said term. And also that they the said Thomas and Edward FAULL or one of them or one of their executors administrators and assigns shall and will well and sufficiently repair the said premises as well in houses roofs coverings glass and frames of windows doors floors and partitions as in hedges ditches gates posts rails stiles and fences and in every other respect when and so often as need or occasion shall required during the said term. And the same so well and sufficiently repaired as aforesaid shall and will at the expiration or other determination of the said term peaceably leave and yield up. And shall not nor will break up for tillage any part of the said premises which shall not have been in pasture for at least three years immediately preceding. And also shall and will manure every part of the said premises which shall be broken up for tillage during the said term with good compost in the proportion of at least eighty common cart loads for every customary acre or in lieu thereof with one hundred Winchester bushels of lime well mixed with earth for every such acre. And shall not nor will ??  ?? ??? part of the said premises which shall be so broken up for tillage take more than two crops of less and one intermediate crop of potatoes  [lines missing] premises all the thoro? Compost dung and soil which shall arise or be made therefore and leave the same on the said premises at the determination of this demise. And shall not cut any part of the said premises for hay twice in any one year nor two years successively without manuring the same before such extra cutting with good compost in the proportion of at least forty common cart loads for every customary acre nor in either of the last three years of the said term cut a greater part than usual of the said premises for hay. Nor in any one year have more than one third part of the arable land in tillage and shall and will in all other matters not herein provided for do and net and manage and manure the said premises according to the most approved rules of good husbandry. And shall and will properly prune and preserve the orchards and gardens on the said premises and plant good young thriving fruit trees in the place and stead of such as shall died decay or be destroyed during the said term and not departure the same with any kind of cattle (except pigs) . And shall not cut any more furze or fuel from the said premises during either of the last three years of the said term than for their own family use on the said premises.  Nor cut nor pare any turf or soil for dale or for burning in any manner whatsoever. And also shall and will permit the said Duke of Leeds during this lifetime and after his decease the person or persons entitled as aforesaid or his or their incoming tenant at any time after the tenth day of May in the last year of the said term to enter into the yards and other parts of the said premises and from thence with horses cattle and carriages to take and carry out all the dung and compost and to lay the same in mixens on some convenient part of the said premises and also at the proper periods in the same year to take exclusive possession of such parts of the said premises as shall be next in turn for turnips and wheat respectively and to break up and manure and prepare the same for the then ensuing turnip and wheat crops and to use all convenient and accustomed ways for that purposes. And shall not nor will assign underlet or in any manner part with the possession or occupation of the said premises or any part thereof to any person or persons whomsoever so entitled as aforesaid. Provided always and it is hereby declared and agreed that if any part of the said rent shall remain unpaid after either of the said quarter days or if the said Thomas FAULL and Edward FAULL their executors administrators or assigns shall not observe and act agreeable to the exceptions hereinbefore contained and every of them. Or shall neglect to perform their said covenants and agreements or either of them or shall do or commit or suffer  to be done or committed any entitled as aforesaid into the said premises to re-enter and the same to repossess and enjoy as in his or their former estate. In witness whereof the parties aforesaid to these presents their hands and seals have set the day and year first above written.

Signature and seal of LEEDS

Stamp duty £1.2s3d

Whereas the within named Duke of Leeds hath requested the within named Thomas FAULL and Edward FAULL to surrender to him the said Duke of Leeds the within mentioned premises for all the residue and remainder of the term of fourteen years by the within written Indenture granted therein to the intent that the same residue may merge and be extinguished in the freehold and reversion of and in the same premises which they the said Thomas FAULL and Edward FAULL have consented and agreed to do. Now these presents witness that in pursuance of the said agreement and also for and in consideration of the sum of ten shillings of lawful money of Great Britain to the said Thomas FAULL and Edward FAULL paid by the said Duke of Leeds the receipt whereof is hereby acknowledged, they the said Thomas FAULL and Edward FAULL have surrendered and yielded up and by these presents DO surrender and yield up unto the said Duke of Leeds ALL and singular hereditaments and premises comprised in and demised by the within Indenture of Lease with the rights members and appurtenances thereto belonging and all the estate right title interest term and number of years claim and demand whatsoever of the said Thomas FAULL and Edward FAULL of in to or out of the same premises to have and to hold the said hereitaments and premises hereby surrendered and yielded up or intended so to be with the appurtenances unto the said Duke of Leeds his heirs and assigns from henceforth for and during all the rest residue and remainder of the said term of fourteen years by the within written Indenture granted to the intent and purpose that the same residue may merge and be extinguished in the freehold and reversion of and in the same hereditaments and premises. In Witness whereof the parties aforesaid to these presents their hands and seals have set the thirty first day of July one thousand eight hundred and thirty five.

Signed sealed and delivered by the said Duke of Leeds in the presence of J E A? RAYMOND Lincoln Inns
J BRADDON Clerk to Mr RAYMOND
Signed sealed and delivered by the said Thomas FAULL and Edward FAULL


Transcribed by Jacqy FAULL Oct 2004
Original document held by Cornwall Record Office