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INDENTURE
Dated 28 May 1877
DD.RH.121
Messrs BERRYMAN, CARAH & Others
To
Messrs BERRYMAN, CARAH, EDWARDS, COREY, ROBERTS & Others
Assignment of Black Rock Chapel, Crowan
This Indenture made the twenty eighth day of May one thousand eight hundred
and seventy seven between Henry BERRYMAN of Cargenwen in the Parish of Crowan
in the County of Cornwall, miner, William CARAH of Praze in the same parish,
builder, William EDWARDS of the same parish, builder, and Thomas COREY of
Black Rock, in the same parish, miner, of the one part and the said Henry
BERRYMAN, William CARAH, William EDWARDS and Thomas COREY and John ROBERTS
and Christopher ROBERTS son of same in the same parish, farmers, John CARAH,
farmer, and Henry WILLIAMS, miner, bother of Cargenwen aforesaid, Thomas
FAULL of Trethanus in the same parish, miner, and James DOWER of Bolitho
in the same parish, miner, of the other part.
Whereas by an Indenture of Lease dated the thirty first day of October one
thousand eight hundred and fifty nine and made between The Reverend Hender
MOLESWORTH, St Aubyn, Clerk of the one part and Henry BERRYMAN and John CARAH
(both therein described and since deceased) the said Henry BERRYMAN (party
hereto) William BERRYMAN (also therein described and since deceased) the said
William CARAH, William EDWARDS and Thomas COREY (parties hereto) John WILLIAMS,
Henry WALTERS and William FAULL (all therein also described and since
deceased) and who together with their executors, administrators and assigns
were therein after denominated Lessees of the other part.
All that Chapel theretofore erected on the Common called Black Rock Downs
situate in the parish of Crowan aforesaid then formerly occupied by a Branch
of the Wesleyan Society called Bible Christians but then in the occupation
of the therein named Lessees as Members of the Wesleyan Methodist Society
with the appurtenances were granted demised and leased unto the said Lessees
and the survivor, his executors, administrators and assigns for the term of
ninety nine years determinable upon the demise of the three persons therein
???? and described. Upon trust nevertheless for and on behalf of all
the members of the Wesleyan Society as should from time to time attend the
said Chapel as their usual place of Religious Worship at and under the payment
of the yearly rent and other payments therein described and subject to the
observance and performance of the exceptions reservations covenants conditions
and agreements in the same Indenture contained and on the part of the Lessees,
their executors, administrators and assigns, to be respectively paid, done,
observed, performed and kept.
And whereas the said Henry BERRYMAN, John CARAH, William BERRYMAN, John
WILLIAMS, Henry WALTERS and William FAULL are all respectively deceased and
the said Henry BERRYMAN (Party hereto) William CARAH, William EDWARDS and
Thomas COREY are the persons now possessed of or entitled to the said Chapel
Hereditaments and premises for all the residue of the said determinable term
and subject as aforesaid.
And whereas the said Henry BERRYMAN (party hereto) William CARAH, William
EDWARDS and Thomas COREY have agreed with the said Henry BERRYMAN, William
CARAH, William EDWARDS, Thomas COREY, John ROBERTS, Christopher ROBERTS, John
CARAH, Henry WILLIAMS, Thomas FAULL and James DOWER for the sale to them
of the said Chapel Hereditaments and premises comprised in the hereinbefore
recited Indenture of Lease for the residue now unexpired of the said term
of ninety nine years (determinable as aforesaid) at the price of four pounds.
Now this Indenture witnesseth that in pursuance of the said agreement and
in consideration of the sum of four pounds on or before the execution of these
presents to the said Henry BERRYMAN, William CARAH, William EDWARDS and Thomas
COREY paid by the said Henry BERRYMAN, William CARAH, William EDWARDS, Thomas
COREY, John ROBERTS, Christopher ROBERTS, John CARAH, Henry WILLIAMS, Thomas
FAULL and James DOWER out of monies belonging to them on a join account (the
receipt whereof is hereby acknowledged, they the said Henry BERRYMAN, William
CARAH, William EDWARDS and Thomas COREY do and each of them doth hereby assign
unto the said Henry BERRYMAN, William CARAH, William EDWARDS, Thomas COREY,
John ROBERTS, Christopher ROBERTS, John CARAH, Henry WILLIAMS, Thomas FAULL
and James DOWER, their executors, administrators and assigns
All that the Chapel Hereditaments and premises comprised in and demised
by the hereinbefore recited Indenture of Lease or expressed so to be.
And all the estate, right, title, interest, term and terms of years property
claim and demand, whatsoever both at law and in equity of them the said Henry
BERRYMAN, William CARAH, William EDWARDS and Thomas COREY and every of them
in and to the same Chapel Hereditaments and premises and every part thereof.
To have and to hold the Chapel Hereditaments and all and singular other the
premises hereby assigned or expressed so to be unto the said Henry BERRYMAN,
William CARAH, William EDWARDS, Thomas COREY, John ROBERTS, Christopher ROBERTS,
John CARAH, Henry WILLIAMS, Thomas FAULL and James DOWER, their executors,
administrators and assigns for all the residue now unexpired of the said term
of ninety nine years determinable as aforesaid upon and subject to the same
Trust as in the hereinbefore recited Indenture of Lease is contained and
at and under the payment of the yearly rent and other payments and to the
observance and performance of the exception reservations covenants, conditions
and agreements in the same Indenture reserved, mentioned and contained and
which henceforth on the part of the Lessees their executors administrators
or assigns ought to be paid done observed performed and kept.
And the said Henry BERRYMAN, William CARAH, William EDWARDS and Thomas COREY
do hereby for themselves severally and for their several and respective executors
and administrators covenant with the said Henry BERRYMAN, William CARAH, William
EDWARDS, Thomas COREY, John ROBERTS, Christopher ROBERTS, John CARAH, Henry
WILLIAMS, Thomas FAULL and James DOWER their executors, administrators and
assigns that notwthstanding any act, deed, matter, or thing, by the said Henry
BERRYMAN, William CARAH, William EDWARDS and Thomas COREY or either of them
done or executed. They the said Henry BERRYMAN, William CARAH, William EDWARDS
and Thomas COREY or some or one of them now have or hath good right to assigns
the said Chapel Hereditament and premises unto the said Henry BERRYMAN, William
CARAH, William EDWARDS, Thomas COREY, John ROBERTS, Christopher ROBERTS,
John CARAH, Henry WILLIAMS, Thomas FAULL and James DOWER, their executors,
administrators and assigns for all the residue now to come and unexpired
of the said term of ninety nine years (determinable as aforesaid) and in
manner aforesaid.
And that they the said Henry BERRYMAN, William CARAH, William EDWARDS, Thomas
COREY, John ROBERTS, Christopher ROBERTS, John CARAH, Henry WILLIAMS, Thomas
FAULL and James DOWER, their executors, administrators and assigns shall and
on as good all terms hereafter, during the said term of ninety nine years
(determinable as aforesaid) peaceably and quietly possess and enjoy the said
Chapel Hereditaments and premises and receive the rents and profit thereof
(without any lawful let, suit eviction claim or demand whatsoever from or
by the said Henry BERRYMAN, William CARAH, William EDWARDS and Thomas COREY,
their, or either of their executors, or administrators, or any person or persons
lawfully or equitably claiming from under or in trust for them or any of
them.
And futher that the said Henry BERRYMAN, William CARAH, William EDWARDS
and Thomas COREY their and each of their executors and administrators and
all persons having, or lawfully, or equitably claiming any estate, or interest
in the said Chapel Hereditaments and premises, or any of them, or any part
thereof from under or in trust for them the said Henry BERRYMAN, William CARAH,
William EDWARDS and Thomas COREY or either of them their or either of their
executors or administrators shall and will from time to time and at all times
hereafter during the said term at the request and costs of the said Henry
BERRYMAN, William CARAH, William EDWARDS, Thomas COREY, John ROBERTS, Christopher
ROBERTS, John CARAH, Henry WILLIAMS, Thomas FAULL and James DOWER, their
executors, administrators and assigns do and execute or cause to be done
and executed all such acts, deeds and things whatsoever for further and more
perfectly assuring the said Chapel Hereditaments and premises unto the said
Henry BERRYMAN, William CARAH, William EDWARDS, Thomas COREY, John ROBERTS,
Christopher ROBERTS, John CARAH, Henry WILLIAMS, Thomas FAULL and James DOWER,
their executors, administrators or assigns for the unexpired residue of the
said term as shall or may be reasonably required.
And the said Henry BERRYMAN, William CARAH, William EDWARDS, Thomas COREY,
John ROBERTS, Christopher ROBERTS, John CARAH, Henry WILLIAMS, Thomas FAULL
and James DOWER, do hereby for themselves severally, and for their several
and respective executors, administrators and assigns, covenant with the said
Henry BERRYMAN, William CARAH, William EDWARDS and Thomas COREY, their executors,
and administrators that they the said Henry BERRYMAN William CARAH William
EDWARDS, Thomas Corey, John ROBERTS, Christopher ROBERTS, John CARAH, Henry
WILLIAMS, Thomas FAULL and James DOWER, their executors and assigns will at
all times hereafter, during the said term, pay the yearly rent and other payments
reserved by the said Indenture of Lease and observe, perform and keep all
the exceptions, reservations, covenants, conditions and agreements in the
same Indenture reserved, mentioned and contained and henceforth on the part
of the Lessees their executors administrators and assigns to be observed
performed and kept.
And will at all times hereafter keep indemnified the said Henry BERRYMAN,
William CARAH, William EDWARDS and Thomas COREY, and every of them their and
every of their heirs executors and administrators and their estates and effects
from and against the payment of the said rent and other payments and the
observance and performance of the said exceptions reservations, covenants,
conditions and agreements and all actions, suits, claims and demands whatsoever
for or on account of the same or in anywise relating thereto.
In witness whereof the parties aforesaid to these presents their hands and
seals have set the day year first before written.
The mark or sign X of Henry BERRYMAN (signature) – Dead
William CARAH (signature) – Living
William EDWARDS (signature) – Living
Thomas COREY (signature) – Living
John ROBERTS (signature) – Living
Christopher ROBERTS (signature) – Living
John CARAH (signature) – Living
Henry WILLIAMS (signature) - dead
Thomas FAULL (signature) – dead
James DOWER (signature) – dead
Signed, sealed and delivered in the presence of
John COREY, miner
Black Rock Crowan
Received the day and year first before written of and from the beforenamed
Henry BERRYMAN, William CARAH, William EDWARDS, Thomas COREY, John ROBERTS,
Christopher ROBERTS, John CARAH, Henry WILLIAMS, Thomas FAULL and James DOWER
the sum of Four Pounds being the consideration money before expressed to be
paid by them to us. £4.0.0d
The mark or sign X of Henry BERRYMAN {note
previously shown as dead?}
Wm CARAH (signature) – Living
William EDWARDS (signature) – Living
Thomas COREY (signature) – Living
Witness John COREY
Transcribed by Jacqy FAULL August 2004
Original copies held at Cornwall Record Office