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Dated 21st September 1878 This indenture made the 21st day of
September One thousand eight hundred and seventy eight
between Robert Edyvean of the Borough of Bodmin in the
County of Cornwall Gentleman of the One part and Charles
Fleetwood Pellow of Bodmin aforesaid grocer of the other
part witnesseth that for and in the consideration of the
yearly rent hereinafter reserved and of the covenants
conditions and agreements hereinafter contained and on
the part of the said Charles Fleetwood Pellow his
executors administrators and assigns to be paid observed
and performed the said Robert Edyvean doth hereby demise
and lease unto the said Charles Fleetwood Pellow his
executors administrators and assigns all that messuage
and dwelling house shop and premises situate in Fore
Street in the Borough of Bodmin aforesaid now and for
some years past in the occupation of Mary Ann Pellow as
tenant thereof together with all buildings yards ways
sewers drains watercourses privileges easements and
appurtenances whatsoever to the said messuage shop and
premises belonging or in anywise appertaining or usually
held or occupied therewith or reputed to belong or be
appurtenant thereto to have and to hold the said
messuage shop and premises hereby demised or intended so
to be with their appurtenances unto the said Charles
Fleetwood Pellow his executors administrators and
assigns from the twenty fourth day of June last for and
during and unto the term of fourteen years yielding and
paying therefore during the continuance of the said term
unto the said Robert Edyvean his heirs and assigns the
clear yearly rent or sum of twenty pounds sterling by
equal quarterly payments namely on the twenty ninth day
of September the twenty fifth day of December the twenty
fifth day of March and the twenty fourth day of June in
every year free from all taxes sales and assessments
whatsoever (except the landlord’s property tax) the fist
quarterly payment thereof to be made on the twenty ninth
day of September next and the said Charles Fleetwood
Pellow doth hereby for himself his heirs executors
administrators and assigns covenant with the said Robert
Edyvean his heirs and assigns that the said Charles
Fleetwood Pellow his executors administrators or assigns
will from time to time during the said term pay unto the
said Robert Edyvean his executors administrators and
assigns the said yearly rent of twenty pounds on the
days and in manner hereinbefore mentioned and will also
pay and discharge all taxes rates and assessments
whatsoever (except the landlord’s property tax) now or
hereafter to become payable for or in respect of the
said premises hereby demised or any part thereof and
also shall and will from time to time and at all times
during the said term well and sufficiently repair
support amend sustain and keep the said messuage shop
and premises as hereby demised with all manner of
necessary reparations and amendments whatsoever (except
the wall and slated roofs thereof) and the same and
every part thereof in such good and substantial repair
together with all the fixtures which during the said
term shall be placed therein and shall not come under
the denomination of tenant’s fixtures shall and will at
the end or other sooner determination of the said term
hereby granted leave and yield up unto the said Robert
Edyvean his heirs or assigns and shall and will during
the seventh and last years of the said term at proper
and reasonable times paint with good and well mixed oil
colours and in a workmanlike manner all the wood and
ironwork (both internal and external) belonging to the
said dwelling house and premises which usually have been
or ought to have been covered with paint and shall at
his or their own expense within one month after such
respective paintings produce and leave with the said
Robert Edyvean his heirs or assigns his agent a
certificate under the hand of the architect or surveyor
of the said Robert Edyvean of the due performance of the
covenants of the painting herein contained and also
shall not nor will carry nor permit nor suffer to be
carried on in the said dwelling house shop and premises
hereby demised or any part of the business or trade of a
fellow chandler soap boiler or victualler or any other
noisome obnoxious or offensive trade whatsoever and
shall not nor will at any time or times during the
continuance of the term hereby granted demise act or let
in any manner part with this indenture of lease or the
said demised premises or any part thereof to any person
or persons without the consent of the said Robert
Edyvean his heirs or assigns first had and obtained in
writing and further that it shall and may be lawful to
and for the said Robert Edyvean his heirs or assigns
agents and workmen at all reasonable times to enter into
and upon the said premises to view and inspect the state
and condition of the repairs thereof Provided always and
it is hereby declared and agreed by and between the said
parties to these presents that if it shall happen that
the said yearly rent of twenty pounds hereinbefore
reserved or any part thereof shall be behind and unpaid
by the space of twenty one days next after any of the
said days or times whereon the same ought to be paid as
aforesaid or if the said Charles Fleetwood Pellow his
executors administrators or assigns shall become
bankrupt or shall file any petition for liquidation of
his affairs or shall offer or make any composition with
his creditors or shall suffer any execution to be leased
of his good or effects or of this lease or the premises
hereby demised or any part thereof respectively shall be
taken in execution or otherwise seized under any writ or
process of law or if the said Charles Fleetwood Pellow
shall assign this present lease or shall deposit the
same as a security for any money or otherwise part
therewith without the previous consent in writing of the
said Robert Edyvean his heirs or assigns or shall not in
all things well and truly observe perform fulfil and
keep all and singular the covenants clauses and
agreements which on his part or behalf are or ought to
be observed performed fulfilled or kept according to the
true intent and meaning of these presents then and in
either of the said cases it shall and may be lawful for
the said Robert Edyvean his heirs or assigns into and
upon the said demised premises or any part thereof on
the name of the whole to re-enter and the same to have
again repossess and enjoy and the said Charles Fleetwood
Pellow his executors administrators or assigns and all
or any other occupier or occupiers of the said demised
premises or any part thereof thereout and from
thenceforth utterly to expel and remove and the said
Robert Edyvean for himself his heirs and assigns doth
hereby promise and agree with and to the said Charles
Fleetwood Pellow his executors administrators and
assigns that he and they duly paying the said rent
hereby reserved and performing and observing all and
every the covenants conditions exceptions and agreements
herein on his or their parts to be paid done performed
and kept shall and may peaceably and quietly have hold
occupy possess and enjoy the said premises hereby
demised with the appurtenances during the term hereby
granted without any let suit trouble hindrance
disturbance claim or denial whatsoever of from or by the
said Robert Edyvean his heirs or assigns or any other
person or persons whomsoever claiming or to claim by
from or under them or any of them In witness whereof the
said parties hereto have hereunto interchangeably set
their hands and seals the day and year first above
written
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Transcribed by David Casley from a document in the Malcolm McCarthy Collection. |