1836 1st February St. Blazey
Transcribed by Wesley Johnston from a JPG image of the document in the Malcolm mc Carthy Collection
1 This Indenture made the first day of February in the year of our Lord one thousand eight Hundred and thirty six Between William
2 Cole of the parish of Winnow in the County of Cornwall Gentleman (Mortgages in fee of the piece or parcel of Land hereinafter described
3 and expressed to be hereby demised) of the first part William Medlend of Lostwithiel in the said County Maltster and Louisa his wife
4 William Petherick of Callington in the said County Gentleman and Mary his wife and Ann Hitchens of the parish of Saint Blazey in the said County Spinster (which said William Medlend and Louisa his wife William
5 Petherick and Mary his wife and Ann Hitchens are entitled to the Eauity of Redemption of the same premises) of the second part and John Cornelius a poor or labouring man of the parish of Saint Blazey aforesaid of the
6 third part Witnesseth that in consideration of the rent hereby reserved and of the Covenants conditions and agreements hereinafter contained on the part of the said John Cornelius He the said William Cole (at the request
7 and by the direction of the said William Medlend and Louisa his wife William Petherick and Mary his wife and Ann Hitchens testified by their severally executing these presents doth demise and lease And the said William Medlend
8 and Louisa his wife William Petherick and Mary his wife and Ann Hitchens do and each and every one of them doth demise lease ratify and confirm unto the said John Cornelius his Executors Administators and Assigns All
9 that piece or parcel of waste or uncultivated land or ground containing by admeasurement thirteen yards lately marked out for and intended to built upon by the said John Cornelius situate in the said parish of Saint Blazey and
10 adjoining on the South to a Dwellinghouse lately erected by the said John Cornelius And all and singular the appurtenances to the said premises belonging or appertaining Except and always reserved out these presents and the demise
11 and lease hereby made all mines ores metals and minerals and quarries of Stone and Slate within or under the said demised premises together with full power and authority to and for the said William Cole his heirs and assigns
12 during so long time as the said demised premises shall remain in Mortgage as aforesaid and afterwards to and for the said William Medlend and Louisa his wife William Petherick and Mary his wife and Ann Hitchens
13 their heirs and assigns and their respective Servants Agents and workmen from time to time to enter into and upon the said demised premises to search for dig open and work the said Mines and quarries and to dress and
14 prepare the ores metals and minerals stone and slate to be gotten thereout and to take and carry away the same And also Except power to make drains channels and watercourses with the said To have and to hold the said premises mentioned and intended to be hereby demised unto the said John Cornelius his Executor Administrators and assigns from the day next before the day of the date of these presents for and during the term of Ninety nine years thence next ensuing If the said John
15 Cornelius aged about thirty one years William Cornelius aged about Eight years and John Cornelius aged about four years sons all of the said John Cornelius party hereto or either of them shall so long live Yielding and Paying
16 Therefore unto the said William Cole his heirs and assigns during so long time as the said demised premises shall remain in Mortgage aforesaid and afterwards unto the said William Medlend and Louisa his wife William
17 Petherick and Mary his wife and Ann Hitchens their heirs and assigns the rent or yearly sum of Nineteen shillings and six pence of lawful British money on the twenty fifth day of March the twenty fourth day of June the twenty
18 ninth day of September and the twenty fifth day of December in every year by equal portions And Yielding and doing during the said term the usual and accustomed suits and services to the Courts to be from time to
19 time holden for the lands of the said William Medlend and Louisa his wife William Petherick and Mary his wife and Ann Hitchens in the said parish of Saint Blazey And the said the said John Cornelius party hereto for himself his heirs
20 Executors and Administrators doth covenant promise and agree as well with and to the said William Cole his heirs and assigns as with and to the said William Medlend and Louisa his wife William Petherick and Mary his
21 wife and Ann Hitchens their heirs and assigns by these presents in manner following (that is to say) that he the said John Cornelius (party hereto) his Executors Administrators or assigns shall and will well and truly pay or cause to
22 be paid unto the said William Cole his heirs and assigns during so long time as the said demised premises shall remain in Mortgage as aforesaid and afterwards unto the said William Medlend and Louisa his wife
23 William Petherick and Mary his wife and Ann Hutchins their heirs and assigns the rent or yearly Sum of Nineteen shillings and six pence hereby reserved as and when the same shall become due and payable as aforesaid And shall and
24 will do and perform the suits and services aforesaid during the said term And also shall and will pay and discharge all and all manner of rates taxes and assessments whatsoever payable for or in respect of
25 the said demised premises during the said term And shall and will within the space of twelve Calendar months from the date hereof erect build complete and finish in a substantial and workmanlike manner a Dwellinghouse on the
26 said demised premises and at all times thereafter during the said term keep and at the end or other sooner determination thereof leave the same Dwellinghouse and all and singular the said demised premises in every respect in good and
27 sufficient repair And also shall and will permit and suffer the said William Cole his heirs and assigns and his or their respective Agent or Agents during so long time as the said demised premises shall remain in Mortgage as
28 aforesaid and also the said William Medlend and Louisa his wife William Petherick and Mary his wife and Ann Hitchens their heirs and assigns or their respective Agent or Agents from time to time and at all times during the said
29 term to enter into and upon the said demised premises in order to view and inspect the state and condition thereof And shall not at any time during the said term hereby granted use or permit the said premises or any part thereof to
30 be used as an Inn Alehouse Beer Shop or Victualling house nor carry on or permit to be carried on therein the trade or business of a Beer brewer or Vender of Beer either by wholesale or retail nor erect or build or permit to be
31 erected or built upon the said demised premises any other erection or building whatsoever besides the said Dwellinghouse so covenanted to be erected as aforesaid without the consent in writing of the said William Cole his heirs and assigns
32 during so long time as the said demised premises shall remain in Mortgage as aforesaid and afterwards of the said William Medlend and Louis his wife William Petherick and Mary his wife and Ann Hitchens their heirs and assigns
33 or their respective Agent or Agents Provided always and it is hereby agreed and declared between and by the said parties to these presents that in case the said rent or yearly sum of Nineteen shillings and six pence
34 hereby reserved or any part thereof shall be behind and unpaid by the space of thirty days next over or after either of the said days or times hereinbefore appointed for payment thereof being lawfully demanded Or if the said John
35 Cornelius party hereto his Executors Administrators or assigns shall fail in the observance or performance of any or either of the Covenants and agreements hereinbefore on his and the part contained or shall commit any waste in or upon
36 the said demised premises Then and in either of those cases and thenceforth it shall and may be lawful to and for the said William Cole his heirs and assigns if the said demised premises shall then remain in
37 Mortgage as aforesaid Or if the same shall then have been satisfied to and for the said William Medlend and Louisa his wife William Petherick and Mary his wife and Ann Hitchens their heirs and assigns into and
38 upon the same premises or any part thereof in the name of the whole to enter and the same have possess and enjoy as if this present demise or lease had never been made any thing herein contained to the contrary
39 notwithstanding Provided also and it is hereby further agreed and declared between and by the said parties hereto that when and so often as any questions shall arise in any Court of Law or Equity
40 whether either of the persons on whose deaths the term hereby granted is made determinable be living or dead it shall be incumbent on the said John Cornelius his Executors Administrators or Assigns to prove
41 such person to be living and in default of such proof such person shall be deemed and taken to be dead any law or usage to the contrary notwithstanding In Witness whereof said parties
42 to these presents their hands and seals have hereunto Interchangeably set the day and year first above written .
[All are both signed and sealed.]
William Cole Louisa Medlend Mary Petherick
William Medlend Willm Petherick Ann Hitchens
[Signed on reverse]
William Beckerley
John Bennett Carpenter St Blazey