1836 18th June St. Blazey

Transcribed by Wesley Johnston from document in the Malcolm McCarthy Collection

[not yet posted to the Cornwall OPC web site]

[see the image of this document in a separate media file]

1        This Indenture made the Eighteenth day of June in the year of our Lord one thousand eight Hundred and thirty six Between John Cornelius of the

2        Parish of Saint Blazey in the County of Cornwall Labourer of the one part and Lydia Ann Oakley of the Borough of Bodmin in the said County Widow of the

3        other part Whereas the said John Cornelius by virtue of a certain Indenture of Lease bearing date the first day of February last granted by William Cole, William

4        Medland and Louisa his wife, William Petherick and Mary his Wife and Ann Hitchens all therein described to the said John Cornelius is now lawfully possessed of

5        the piece or parcel of Land or Ground Dwelling Houses and premises hereinafter described for the remainder of a Term of Ninety nine years determinable as in the

6        Said Lease as mentioned And whereas the said John Cornelius hath this day borrowed and taken up at Interest of and from the said Lydia Ann Oakley the Sum of Seventy - Pounds to be secured as hereinafter mentioned

7        Now this Indenture witnesseth that in Consideration of the Sum of Seventy Pounds of lawful money of Great Britain this day lent and paid of the said Lydia Ann Oakley to the said John Cornelius, the receipt whereof

8        is hereby acknowledged He the said John Cornelius Hath granted bargained sold assigned transferred and Set overand in and by the presents Doth grant bargain sell assign transfer and Set

9        over unto the said Lydia Ann Oakley her Executors Administrators and Assigns ALL that piece or parcel of Waste or uncultivated Land or Ground containing by admeasurement Thirteen yards lately marked

10    out for and intended to be built upon by the said John Cornelius situate in the Parish of Saint Blazey and adjoining on the South to a Dwelling House lately erected by the said John Cornelius And also All

11    those four Dwelling Houses lately erected or now in building on the said piece or parcel of Land or Ground and all and singular the appurtenances to the which premises belonging or appertaining And all the Estate

12    Right Title Interest Loan and Terms of years which he the said John Cornelius now hath or can claim the said premises or any part thereof Together with the said in part recited Indenture of Lease thereof To have

13    and to hold all and singular the said piece or parcel of Ground Dwelling Houses and Premises hereby assigned with the appurtenances (Except as in the said Lease is excepted) unto the said Lydia Ann Oakley her

14    Estate Right Title and interest the said John Cornelius now hath or can claim in and to the said premises or any part thereof Subject to the Rent Covenant and agreement reserved and contained in the said

15    Indenture of Lease Upon Trust nevertheless to secure to the said Lydia Ann Oakley her Executors Administrators and assigns the repayment of the said Sum of Seventy Pounds with Interest for the same

16    at the rate of Five Pounds per Centum per Annum on the Eighteenth day of December next and to that end Intent and purpose In trust that she the said Lydia Ann Oakley her Executor

17    Administrators and assigns do and shall at anytime or times thereafter without any further Consent or Concurrence by or on the part of the said John Cornelius his Executor Administrators and assigns

18    make sale and absolutely dispose of the said premises or parcel of Ground Dwelling Houses and premises hereby assigned either by public Auction or by private Contract or partly by public auction and

19    partly by private Contract and generally at such time or times and in such manner as the said Lydia Ann Oakley her Executors Administrators or assigns shall thereafter with full liberty and

20    power foe her Executors Administrators or assigns to buy in the said premises at any Auction or Auctions and afterward, to resell the same at any future Auction or by private Contract without being

21    answerable for any loss or Diminution in price by such resale and do and shall assign and assure the said premises when sold unto the purchase or purchases thereof his her or their Executors

22    Administrator or assigns or as she or they shall direct And upon this further Trust that she the said Lydia Anne Oakley her Executors Administrators or Assigns after receiving from the said John Cornelius his Executors Administrators

23    Or assigns or raising by the ways and means aforesaid and retaining paying or discharging the said principal sum costs and expenses do and shall pay and account for the residue and surplus

24    (if any) of the money then remaining in her or their hands unapplied to any of the purposes aforesaid to the said John Cornelius his Executors Administrators or Assigns And further do and shall

25    and assure in such manner as the said John Cornelius his Executors Administrators or Assigns shall appoint the whole or such part of the said premises as shall then remain unsold freed or discharged

26    of and from all Charges and Incumbrances whatsoever And it is hereby declared and agreed by and between the said parties hereto that any person who shall become the purchaser of the said premises or any

27    part thereof and pay his purchase Money or any part thereof to the said Lydia Ann Oakley her Executors Administrators or Assigns or to her or their Agent or under her or their direction shall not be obliged

28    to see to the application of the same Money or any part thereof or be answerable or accountable for misapplication or nonapplication thereof But that any receipt which shall be given for the said purchase

29    money or any part thereof by the said Lydia Ann Oakley her Executors Administrators or Assigns or by her or their Agent or Agents or by any other person or persons to whom the same money shall be paid under her or

30    their direction for the sum or sums of money which shall therein or thereby be acknowledged And that every Sale Contract for Sale Assignment and Assurance which shall be made by the said Lydia Ann Oakley  her

31    Executors Administrators or Assigns shall be binding and conclusive on the said John Cornelius his Executors Administrators and Assigns And the said John Cornelius doth hereby for himself his Executors

32    Administrators and Assigns covenant promise and agree to and with the said Lydia Ann Oakley her Executors Administrators and Assigns that he the said John Cornelius his Executors Administrators

33    or Assigns shall and will well and truly pay or cause to be paid unto the said Lydia Ann Oakley her Executors Administrators or Assigns the said Sum of Seventy Pounds with interest for

34    the same after  thereunto and at the time hereinbefore mentioned for payment thereof without any deduction or abatement whatsoever And that he the said John Cornelius his Executors Administrators

35    and all and every other person and persons having or claiming or who shall or may have or claim any Estate Right Title or Interest at Law or in Equity into or out of the said premises hereby assigned or intended

36    so to be or any of them or any part thereof shall and will from time to time and at all times hereafter upon the reasonable request of the said Lydia Ann Oakley her Executors Administrators or

37    Assigns but at the Costs and Charges of the said John Cornelius his Executors Administrators or Assigns make do and execute or cause or procure to be made done and executed all such further and

38    other lawful and reasonable acts Deeds Assignments and Assurance in the Law whatsoever for the further better and more perfectlyassigning and securing the said premises with the appurtenances

39    unto the said Lydia Ann Oakley her Executors Administrators and Assigns upon the trusts aforesaid as by the said Lydia Ann Oakley her Executors Administrators or Assigns or her or their

40    Counsel in the Law shall be reasonably advised or devised and required And Lastly – that he the said John Cornelius his Executors Administrators and Assigns shall and will from time to time and

41    at all times hereafter at his and their own proper Costs and Charges sufficiently insure the said Dewlling Houses and Premises from Casualties or Accidents by fire during the continuance

42    of this Security in some or one of the public offices kept for that purpose in London or Westminster Provided always that if the said John Cornelius his Executors Administrators or Assigns do and

43    shall well and truly pay or caused to be paid unto the said Lydia Ann Oakley her Executors Administrators or Assigns the full Sum of Seventy Pounds of lawful money as aforesaid

44    with lawful Interest for the Same on or before the said Eighteenth day of December he said next without any deduction or abatement whatsoever then their presents and every thing herein contained

45    shall from thenceforth cease determine and be void to all Intents and purposes whatsoever In Witness whereof the parties aforesaid to these presents (being first stamped) their hands

46    and Seals Interchangeably have set the day and year first above written.

The mark of John Cornelius 

[Signed on reverse]

Thomas Commins

Mark of John Cornelius