Page 9 of indenture relating to lease and release by Thomas Kirton, Francis Reed, Edward Waldy, John Reeve, Thomas Smith and Frances Stapylton to Thomas Reed Ward, Leonard Robinson and John Rutter; and associated agreements and references to earlier leases/releases

Made:
1772-1776
part of archive:
Leonard Raisbeck Archive

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Identifier:
RAIS/1/2/2/10
Transcription:
Thomas Smith that in the mean Time until such separate Leases of the Premisses comprised in the said Indenture of Leases of the Seventeenth Day of October one thousand Seven hundred and fifty seven shall be obtained as before mentioned the said yearly Rent of Twenty four pounds reserved in and by the same Indentures of Lease shall during the Continuance of the same Lease be raised and levied by the Ways and Means herein before mentioned and in the proportion herein after expressed (that is to say) The yearly sum of Eight pounds part thereof by and out of so much and such parts of the Premisses in the same Lease comprised as are herein before declared to be in Trust for the said ffrancis Reed his Heirs and Assigns And the yearly sum of six pounds other part thereof by and out of so much and such parts of the Premisses in the same Lease comprised as are herein before declared to be In Trust for the said Edward Waldy his Heirs and Assigns And the yearly sum of Ten pounds the residue thereof by and out of the Residue of the Premisses in the same Lease comprised Being the same proportion of the said yearly Rent of Twenty four pounds as on the partition of the said Leasehold Premisses by and between the said Henry Brown and Samuel Hall was by the said Indenture of Release of the Twenty first Day of September One thousand seven hundred and fifty one agreed to be paid by the said Samuel Hall his Heirs and Assigns And that the Rent or Rents to be reserved in every subsequent Lease of the same Premisses shall until such separate Leases shall be obtained be raised and paid in the same Manner and Proportion And also that in the mean Time until such separate Leases of the Premisses comprised in the said Indenture of Lease of the Seventeenth Day of October One thousand seven hundred and fifty seven shall be obtained as before mentioned the Fine and Fees and Charges incident to or attending every Renewal of the same Indenture of Lease shall from Time to Time be raised and levied by the Ways and Means herein before expressed and shall be paid and contributed in the Proportion herein after mentioned that is to say) ffour equal twelfth parts thereof by and out of so much and such parts of the Premisses in the same Lease comprised as are herein before declared to be In Trust for the said ffrancis Reed his Heirs and Assigns And three equal twelfth parts thereof by and out of so much and such parts of the Premisses in the same Lease comprised as are herein before declared to be In Trust for the said Edward Waldy his Heirs and Assigns And the remaining five twelfth parts thereof by and out of the Residue of the Premisses in the same Lease comprised being the same Proportion of the said Fine and Fees as on the partition of the said Leasehold Premisses by and between the said Henry Brown and Samuel Hall was by the said Indenture of Release of the Twenty first Day of September One thousand Seven hundred and fifty one agreed to be paid by the said Samuel Hall his Heirs and Assigns And also that until such separate Leases shall be obtained on every Renewal of the said last mentioned Lease the new Lives to be inserted in every such new Lease shall be nominated and appointed as hereinafter is mentioned (that is to say) The new Life to be inserted on the first Renewal of the same Lease shall be nominated by the said Edward Waldy his Heirs and Assigns And the new Life to be inserted on the second Renewal of the same Lease shall be nominated by the said Francis Reed his Heirs and Assigns And the new Life to be inserted on the third Renewal of the same Lease shall be nominated by the said John Reeve and Thomas Smith as Trustees named in the said last Wills of the said Samuel Hall and Sarah Smith as before mentioned and by the Heirs and Assigns of the said John Reeve and Thomas Smith and so from Time to Time on every subsequent Renewal of the same Lease the new life to be added or inserted in every such new Lease shall be nominated by the said Edward Waldy ffrancis Reed John Reeve and Thomas Smith respectively their respective Heirs and Assigns in the same Order and Course Right and Manner as before mentioned Every Person to be nominated as aforesaid being at the Time of such Nomination above the Age of fifteen ~ ~ ~ ~ years and under the Age of twenty five ~ ~ years And in Case the Person or Persons to whom such Right of Nomination shall for the Time being belong shall for the Space of twenty Days next after the Dropping of any Life named in the subsisting Lease for the Time being of the said Premisses neglect or refuse to nominate either to the Lord Bishop of Durham for the Time being or to his Secretary or Agent appointed to that Office such a Life as herein before is agreed upon to be added in such new intended Lease to the two surviving or continuing Lives in such Case such Right of Nomination shall on such Renewal devolve upon the Person or Persons to whom according to the true Intent and Meaning of these Presents to the next Turn or Right of Nomination shall for the Time being belong And so from Time to Time as often as any such Neglect or Refusal shall happen the Right of Nomination for the Time being shall devolve upon and be transferred to the Person or Persons to whom the next Turn or Right of Nomination shall for the Time being belong And it is hereby further mutually covenanted agreed and declared that in the mean Time until such separate Leases shall be obtained as herein before mentioned on every Renewal of the substituting Lease for the Time being of the said Premisses the new Lease to be made and taken as herein last before mentioned shall be deposited with and remain in the Hands and Custody of the Person or Persons on whose Nomination of a Life as herein before mentioned such new Lease shall be so made and taken but to be produced from Time to Time as Occasion shall require at the Request and Expence of
any other Person or Persons for the Time being having any Estate Right or Interest in any Part or Parts of the Premisses in such new Lease to be comprised for the evidencing maintaining and proving of such Estate Right or Interest And that the said Indenture of Leases of the seventeenth Day of October One thousand seven hundred and fifty seven shall be deposited with and shall remain in the Hands and Custody of the said Edward Waldy ~ ~ ~ ~ his Heirs and Assigns to be produced by him and them in Manner and for the purpose herein before mentioned And it is hereby also agreed and declared that in the mean Time until separate Leases shall be obtained as before mentioned all parliamentary and parochial and other Taxes Rates and Assessments which from Time to Time shall be charged or imposed upon or be payable for or in Respect of the said Premisses comprised in the said Indenture of Lease of the seventeenth Day of October One thousand seven hundred and fifty seven shall be contributed and paid by the said Francis Reed Edward Waldy John Reeve and Thomas Smith respectively their respective Heirs and Assigns in the Proportion and Manner following (that is to say) four twelfth parts there of shall be born and paid by the said Francis Reed his Heirs and Assigns Owners for the Time being of so much and such parts of the same Premisses as are herein before declared to be In Trust for him his Heirs and Assigns And three other twelfth parts thereof shall be born and paid by the said Edward Waldy his Heirs and Assigns Owners for the Time being of so much and such parts of the same Premisses as are herein before declared to be In Trust for him his Heirs and Assigns And the remaining five twelfth parts thereof shall be born and paid by the said John Reeve and Thomas Smith as Trustees named in the said last wills of the said Samuel Hall and Sarah Smith and the Heirs and Assigns of the said John Reeve and Thomas Smith being the same proportion of the said Taxes Rates and Assessments as on the Partition of the said Leasehold
Premisses by and between the said Henry Brown and Samuel Hall was by the said Indenture of Release of the Twenty first Day of September One thousand seven hundred and fifty one agreed to be paid by the said Samuel Hall his Heirs and Assigns And it is hereby further agreed and declared by and between the said ffrancis Reed Edward Waldy John Reeve and Thomas Smith that all Expences attending the rebuilding repairing maintaining and preserving in good Repair the said Bridge called Oxbridge And that all Expences attending the repairing and maintaining in good Repair the said Lane leading from Stockton to the said Bridge so far as the said Leasehold Premisses are or shall be liable or contributory to that purpose shall from Time to Time and at all Times hereafter be contributed and paid by the said Francis Reed Edward Waldy John Reeve and Thomas Smith respectively their respective Heirs and Assigns in the Proportion and Manner following (that is to say) Seven Twenty fourth parts thereof shall be born and paid by the said Francis Reed his Heirs and Assigns Owners for the Time being of the said Premisses herein before declared to be In Trust for him his Heirs and Assigns And five Twenty fourth parts thereof shall be born and paid by the said Edward Waldy his Heirs and Assigns Owners for the Time being of the said Premisses herein before declared to be In Trust for him his Heirs and Assigns And the twelve remaining twenty fourth parts thereof shall be born and paid by the said John Reeve and Thomas Smith as Trustees named in the said last Wills of the said Samuel Hall and Sarah Smith and the Heirs and Assigns of the said John Reeve and Thomas
Smith Being the same Proportion of the Expences attending the said Reparations as on the partition of the said Leasehold Premisses by and between the said Henry Brown and Samuel Hall was by the said Indentures of Release of the twenty first Day of September One thousand seven hundred and fifty one agreed to be paid by the said Samuel Hall his Heirs and Assigns And the said Thomas Kirton
for himself his Heirs Executors and Administrators doth covenant promise declare and agree to and with the said Thomas Reed Ward and Leonard Robinson their Heirs and Assigns by these Presents in Manner following (that is to say) That the said Thomas Kirton hath not done or committed nor wittingly or willingly suffered any Act Manner Thing whatsoever whereby or where with or by Reason or Means whereof the said Premisses herein first before mentioned and intended to be hereby released or any part thereof is are can shall or may be forfeited impeached incumbered or affected in Title Estate or otherwise howsoever or whereby the said Indenture of Lease of the Seventeenth Day of October One Thousand seven hundred and fifty seven is become void or voidable And also that he the said Thomas Kirton and his Heirs and all and every Person or Persons having or lawfully claiming or who shall or may have or lawfully claim any Estate Right Title Trust or Interest of in to or out of the said Premisses herein first before mentioned and intended to be hereby released or any part thereof by from or under him or them shall and will from Time to Time and at all Times hereafter upon every reasonable Request and at the Expence of the Person or Persons requesting the same make do and execute or cause or procure to be made done and executed all such further and other lawful reasonable Acts Deeds Conveyances and Assurances in the Law whatsoever for the further better more perfect and absolute conveying and assuring the same Premisses with the Appurtenances To and to the use of the said Thomas Reed Ward and Leonard Robinson their Heirs and Assigns Upon the Trust and to and for the Intents and Purposes herein before expressed and declared of or concerning the same respectively As by the said Thomas Reed Ward and Leonard Robinson their Heirs and Assigns or any of them or their or any of their
Council learned in the Law shall be reasonably advised or devised and required So as no such further Assurance contain any further or other Warranty or Covenant than against the Person or Persons who shall be requested to make the same his her or their Heirs and so as the party or parties who shall be requested to make such further Assurances be not compelled or compellable for the making or perfecting thereof to go or travel from his her or their then respective Dwellings or Places of Abode And the said John Reeve and Thomas Smith separately and apart each for himself his respective Heirs Executors and Administrators and not jointly or the one for the other of them or for the Heirs Executors Administrators or Acts ___ of the other of them but each of them for his own Acts only do covenant promise

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