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Help and advice for Lease of a Hartland tenement owned by a Richard Carter (1740)

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24th March 1740. Lease for Lives. Hartland.

Mr Richard CARTERs counterpart for Juells Tenement the 24th March in the revertion of Juells Lease 1740.

North Devon Record Office, ref: B731 / 2 / 29)

Transcribed by David Carter

This indenture made the twenty fourth day of March in the yeare of our Lord One Thousand Seven Hundred and forty.
Betweene William ORCHARD Gentleman, Peter NICHOLLS gentleman, William PRUST tanner, Thomas SHUTT yeoman, and James NICHOLLS yeoman, or the major part of them hereinafter will make more plainly appear by their signing and sealing thereof and now stand as burghers for the Burrough of Harton in the parish of Hartland in the County of Devon and all of them living within the said Burrough (except James NICHOLLS) of the other party and Richard CARTER cloathier and now Portreeve of the said Burrough of the other party.
Whereas the said Richard CARTER by and with the consent and advise of the said William ORCHARD, Peter NICHOLLS, William PRUST, Thomas SHUTT & James NICHOLLS of the major part of them as aforesaid Held on the fifth day of December last past a survey for settling and letting diverse lands tenements and other things then in hand and to be sett belonging to the aforesaid Burrough and amongst other things a Reversionary lease of a tenement now in the possession of the said Richard CARTER which he holes by virtue of a lease of ninety nine years determinable on the deaths of John, Grace and Isott JUELL or the survivor of them bearing date the first day of April 1697 and granted by the Portreeve and Governors of the aforesaid Burrough for the time being unto John JUELL mariner and father of the above said John, Grace & Isott JUELL all that house which formerly was a Malthouse and also the privilidge of the ground for building next the south side thereof towards the Chapple House excepting a ladder course ~?~ said Chapple house which said Malt house and ground is in length twenty six feet and in breadth twelve feet with the garden and mowhay lyeing & next adjoyneing on the east side of the said Malt house and Chapple house together with the priviledge of a Reeke Mead next adjoining to the east hedge of the said garden & mowhay and also a convenient place to make a dung hill on the waste ground lyeing at the north west corner of the said malt house and also the liberty to make dung between the said dung hill and the easter part of the Reekeplace in the High way leading east & west on the north side of the said malt house and mowhay all which aforesaid premises were the in the possession of the Portreeve & Governours of the said Burrough for the time being their assigne or assignes and is since erected into a Barne Shippen and Shop as reference to the same will make appear.
Now these presents doth hereby farther witness that the said Richard CARTER at the above said survey offered four pounds for a revertionary lease of ninety nine yeares If two lives should so long happen to live the time to commence & begin after the end & determination of Juells Lease aforesaid for all the before mentioned premises and the said William ORCHARD, Peter NICHOLLS, William PRUST, Thomas SHUTT & James NICHOLLS or the major part of them present at the said survey thinking the said Richard CARTERs offer of four pounds there being no person that wo'd advance any more for the purchase thereof to be a full value for the same as also for divers other good causes & considerations them the said William ORCHARD, Peter NICHOLLS, William PRUST, Thomas SHUTT & James NICHOLLS or the major part of them especially moving Have demised leased & to farm letten & confirmed And by these presents Doe demise lease & to farm let & confirm unto the said Richard CARTER for the consideration of four pounds of lawful money of Great Brittain as aforesaid to them in hand paid by the said Richard CARTER at or before the sealing and delivery of these presents the receipt whereof is thereby acknowledged and the said Richard CARTER his executors or assignes for ever discharged by these presents, all the before mentioned malt house & ground being twenty six feet long and twelve feet broad but now a Barne Shippen & Shop together also with the said Mowhay & Garden lying on the east side of the said malt house & Chapple house and also the Reeke stead & dung hill place at the north west corner of the aforesaid malt house together with the priviledge of making dung in the lane as aforesaid and every part thereof at any time heretofore he[torn]nted taken or deemed to be any part of priviledge thereof and which now are in the possession of the said Richard CARTER his assigne or assignes which said sum of four pounds the above said Burghers doe hereby acknowledge is to be paid as a fine for the before mentioned premises and to be by them applied to the use augmentation stock & store of the Burrough of Harton aforesaid.
To have & to hold all before mentioned Malthouse & ground on the south side thereof being twenty six feet long and twelve feet broad but now erected into a Barne Shippen & Shop with the garden & mowhay on the east side thereof together with the Reeke Stead & dung places aforesaid with all & singular the appurtenances thereunto belonging or ever heretofore deemed or take to be any part of priviledge thereof unto the said Richard CARTER his executors administrators & assignes for & during the full term & time of ninety nine years determinable on the deaths of Charles CARTER & Elinor CARTER son & daughter of William CARTER brother to the said Richard CARTER deceased which said term is to commence & begin from & immediately after the death of the said Isott JUELL now Isott COOKE wife of John COOKE of Soudon in Hartland aforesaid she being the only surviving life at this time as mentioned on Juells Lease aforesaid fully to be complete & ended Yielding & paying therefore yearly after the commencement of the said term until the end thereof unto the Portreeve & Burghers of the aforesaid Burrough for the time being their successors & assignes the yearely rent or sum of six pence of lawful money of Great Brittain at the feast of St Michael the Archangel,
And the said Richard CARTER doth by these presents for himself his executors administrators & assignes & for every & either of them covenant grant & promise to & with the said William ORCHARD, Peter NICHOLLS, William PRUST, Thomas SHUTT & James NICHOLLS & the succeeding Portreeve and Burghers for the time being of the aforesaid Burrough & their successors & every of them in manner & form following that is to say that he the said Richard CARTER his executors & assignes shall & will well & truly pay or cause to be paid unto the Portreeve & Burghers aforesaid their successors & assignes the said yearly rent of six pence as aforesaid at the days & times hereinbefore mentioned for the payment thereof during the said term hereby granted,
And also that he the said Richard CARTER his executors administrators & assignes shall & will from time to time and at all times hereafter during the said term hereby demised well & sufficiently repair sustain uphold & maintain all the said premises hereby demised in all needful & necessary reparations whatsoever and in the end of the said term shall & will quietly & peaceably leave & yield up the said premises well & sufficiently repaired at his and their own proper cost & charges,
And if it happen the said yearly rent of six pence or any part thereof to be behind & unpaid by the space of three months next after any of the times limited for the payment thereof on which the same ought to be paid & not paid being lawfully demanded and no sufficient distress during all that time which can or may be had or found in or upon the said premises whereby to levy the same,
That then & from thenceforth it shall & may be lawful to & for the said Burghers parties hereunto & their succeeding Portreeve & his successors & assignes for the time being into the said hereby demised premises to re-enter the same to have again retain repossess & enjoy as in their former estate or right these presents or anything herein contained to the contrary thereof in any wise notwithstanding,
And the said William ORCHARD, Peter NICHOLLS, William PRUST, Thomas SHUTT & James NICHOLLS for themselves their succeeding Portreeves & Burghers of the aforesaid Burrough their successors & assignes doe hereby for every & either of them covenant grant & promise to & with the said Richard CARTER his executors administrators & assignes & to & with every & either of them that he the said Richard CARTER his executors administrators & assignes shall & may from time to time & at all times after the commencement of the said term & until the end thereof under the rents & covenants aforesaid quietly and peaceably have hold use occupy possess & enjoy all & singular the before mentioned premises & thereby demised with all the appurtenances thereunto belonging without the lawful lett suite trouble interruption or denyall of them the said William ORCHARD, Peter NICHOLLS, William PRUST, Thomas SHUTT & James NICHOLLS their succeeding Portreeve & Burghers for the time being or their assignes or any other person or persons whoinsoever claiming the same or any part thereof.
In witness whereof the parties aforesaid to these presents their hands & seales interchangeably have sett the day & year first above written.

Signed: Richard CARTER

On the back: Signed sealed & delivered the treble six penny stamp being thereunto first affixed by the within named Richard CARTER in the presence of us:
William CARTER
John HEARD
Morgan POWELL