- Dated 6th October
1885
- Manor of Penrose
- Captain Rogers R A to Mrs M J
Bowden
- Counterpart Lease of House in
Peverell Road Porthleven Cornwall
- Rent
£1. 10s Term 60 years
- No 207
- This
Indenture made the
sixth day of October one thousand eight hundred and eighty five Between
John Peverell Rogers of Penrose in the County of Cornwall a
Captain in the Royal Artillery (hereinafter usually called the Lessor) of
the one part and Mary Jane Bowden of Porthleven in the same County
Widow (hereinafter usually called the Lessee) of the other part Whitnesseth
hat in consideration of the surrender of a certain Indenture of Lease of the
premises hereinafter demised dated the seventh day of August One thousand
eight hundred and seventy seven and made between John Jope Rogers of the one
part and George Bowden of the other part And also in consideration of the
yearly rent and other payments hereinafter reserved and of the covenants
clauses exceptions and agreements hereinafter contained on the part of
Lessee her executors administrators and assigns The Lessor grants and
demises unto the Lessee All that plot of land formerly marked
out and allotted to Thomas Eva containing about Fourteen poles parcel
of a field called the Town field situate near Porthleven aforesaid and
numbered 2527 in the Tithe map and Apportionment of the Parish of Sithney in
the said County together with the Dwelling house and other erections thereon
erected and built which said premises form part of Peverell Road in
Porthleven aforesaid and are parcel of the Manor of Penrose Together with
the erections and buildings erected or to be erected thereon and all ways
paths passages rights easements and appurtenances whatsoever belonging to
the said hereby demised premises Excepting and Reserving out of this
demise all mines metals and minerals clay marble slate stone and quarries
with the liberty for the person or persons entitled to receive the rent
hereby reserved on his or their assigns tenants agents or workmen to search
and work for manufacture and carry away the same at pleasure And Also
Excepting all waters and watercourses sewers and drains now or at
anytime hereafter passing through the said demised premises with liberty to
divert and convey any water or watercourse sewer or drain into through or
from the said premises in such manner as he or they shall think proper and
all trees and all game and all Royalties whatsoever And also
liberty for the person or persons aforesaid on his or their agents at all
reasonable times during the term hereby granted to enter in to all or any
part of the said demised premises in order to examine the state and
condition thereof To hold unto the Lessee from the Seventh day
of July One thousand eight hundred and sixty eight for the term of Sixty
years thence next ensuing Yielding and Paying therefore
during the said term the clear yearly rent of One pound and ten shillings
sterling by equal quarterly payments at Lady day Midsummer day Michaelmas
day and Christmas day in every year the first of such quarterly payments to
be paid at Christmas day One thousand eight hundred and eighty five And
the Lessee hereby covenants with the Lessor that the Lessee or her assigns
will pay the said yearly rent of One pound and ten shillings at the times
and in manner herein appointed for payment thereof without and deduction or
abatement whatsoever And also will pay and discharge all rates
taxes tithes or rent charge in lieu thereof assessments and outgoings
whatsoever in respect of the said premises during the said term And
also will forthwith at her or their own expense when and as often as
occasions shall require during the said term well and substantially repair
and keep in good repair every part of the said demised premises with the
appurtenances in every particular and also all such houses improvements and
additions as at any time during the said term shall be erected or made
thereon And in particular paint and keep painted during the
said term in a proper manner and to the satisfaction of the Lessor or other
the person or persons aforesaid all the external and internal wood iron and
other work usually painted or which ought to be painted And if
the Lessee or her assigns shall omit to do any such repairs or painting for
Thirty days after notice it shall be lawful for the Lessor or other ther
person or persons aforesaid to cause the same to be done and in such case
the charges of such repairs or painting shall be due as rent reserved on
this demise and recoverable as such by action or distress And
the said premises and all future erections thereon in such good and
substantial repair and properly painted as aforesaid will at the expiration
or other determination of the said term peaceably yield up And
will keep all the walls sewers fences hedges gutters and drains upon or in
the said premises in proper repair clean and in good order and so leave the
same at the end or sooner determination of the said term And
will well and properly manage cultivate and manure the said premises
according to the rules of good gardening and the same so cultivated will at
the end or sooner determination of the said term peaceably yield up And
will carefully preserve all trees and saplings at any time growing on the
said premises And will during the said term attend and do suit
and service to all the Courts to be held for the Manor of Penrose or for the
receipt of the rent hereby reserved and pay her on their proportionate part
of the expenses of such Courts respectfully and undertake and faithfully
discharge the office of Reeve and all other reasonable offices as often as
thereunto appointed under the forfeit of every default thereof respectfully
of Five shillings to be recoverable as rent reserved by distress And
will not erect or continue on the said land or any part thereof any Dwelling
house or building except such as shall respectfully be in accordance as to
situation architectural and general design and character elevations form
workmanship materials sewers drains yards ashpits Offices and outbuildings
with such plans ans specifications as shall have been previously approved of
in writing by the Lessor or other the person or persons aforesaid on his or
their Surveyor And will immediately on the execution of these
presents at her or their own expense Insure and keep Insured during the said
term all buildings on the said premises in some respectable Hire Insurance
Office in the full value thereof and in default thereof it shall be lawful
for the Lessee or other the person or persons aforesaid to Insure in like
manner and recover the expenses by distress (as for rent in arrear) on the
said premises hereby demised and shall and will expend all monies received
on such Insurance in rebuilding or restoring the said premises And
Lastly will not suffer upon the said premises or any part thereof
anything which shall or maybe or become or grow to a public or private
nuisance or a damage disturbance annoyance or grievance to the Lessor or
other the person or persons aforesaid or any occupier of land or buildings
for the time being in the neighbourhood of the said premises Nor use
nor suffer the said house to be used otherwise than as a private dwelling
house without the written license in each case first obtained of the Lessor
or person or persons aforesaid provided always that the said
yearly rent or other payments aforesaid or any part thereof shall be unpaid
for Twenty one days after any or either of the times of payment aforesaid
(whether the same shall have been legally demanded or not) Or if the
Lessee or her assigns shall suffer the said premises or any part thereof to
be ruinous or in a decay or in want of paint to the value of Twenty
shillings and the same shall not amend and repair and paint after notice to
her or them given or left on the said premises or at her or their place of
abode for the time being Or shall commit or suffer any waste on the
said premises or any other act or thing whatsoever prejudicial to the said
premises or to the title or estate of the Lessor or other the person or
persons aforesaid or shall not observe perform and act agreeably to all and
every the covenants clauses exceptions and agreements hereinbefore contained
on the part of the Lessee and her assigns Then in all any or either
of the cases aforesaid it shall be lawful for the Lessor or other the person
or persons at any time thereafter into the said premises or any part thereof
in the name of the whole to reenter and thereupon the term hereby granted
shall cease without prejudice to any remedy under any covenant herein
contained And the Lessor hereby covenants with the Lessee that
the Lessee and her assigns paying the said yearly rent and other payments
and observing and performing all and every the covenants conditions clauses
and agreements hereinbefore respectively reserved and contained and on her
or their part to be paid observed and performed shall and may peaceably and
quietly hold and enjoy all and singular the said premises hereby demised
during the term hereby granted without any let action interruption or denial
whatsoever by the Lessor or any person or persons claiming or to claim by
through from under or in trust for him or them In Witness whereof the
parties aforesaid to these presents their hands and seals interchangeably
have set the day and year first before written.
-
- Signed sealed and delivered by
the within named Mary Jane Bowden in the presence of Reginald N Rogers