Lease for Anvowher Farm, Lowertown 1941

(Cover Page)

DATED 1st  May 1941

J.P.A.HARVEY

TO

MR E.J.WILLIAMS

Lease

Of

Messuage or dwellinghouse outbuildings land and hereditaments commonly called Anvowher in the parish of Sithney in the County of Cornwall

RENT: – £33 per annum

TERM:- 7 years from the 29th day of September, 1940

RANDLE THOMAS & THOMAS

Helston

Page 1  – red round stamp Inland Revenue Finance Act 1931 (crown produced)

Ten shillings stamp

This Lease is made the first day of May One thousand nine hundred and forty on BETWEEN JAMES PERCY ARUNDELL HARVEY of Hammerfield House Lowertown in the parish of Wendron in the County of Cornwall Engineer (hereinafter called “the Landlord”) of the one part and EDWIN JOHN WILLIAMS of South View Brill Constantine in the said County of Cornwall Farmer (hereinafter called “the Tenant”) of the other part WITNESSETH that in consideration of the rents hereby reserved and of the covenants and conditions hereinafter contained and on the part of the Tenant to be observed and

(In margin “Parcels”)

performed the Landlord doth hereby demise unto the Tenant ALL THAT messuage or dwellinghouse outbuildings land and hereditaments commonly called Anvowher or Lower Trannack in the parish of Sithney in the County of Cornwall All which said hereditaments and premises contain about eight acres

(In margin “Reservations”)

and are now in the occupation of the Tenant EXCEPTING AND RESERVING nevertheless hereout unto the Landlord all trees saplings shrubs and thorns AND ALSO EXCEPTING all mines minerals stone slate gravel oil and clay water and watercourses within and under the said premises with power to cut down root up and carry away the said tress and to dig and search for dress and on the said premises to make merchantable the ores minerals stone slate gravel oil clay marle or other inorganic matters derived from the soil and to take and carry away the same and to divert the said maters for any purpose whatsoever the Landlord allowing the Tenant a reasonable abatement in the rent hereby reserved for all land which may be so used or occupied or of the beneficial occupation of which the Tenant may be deprived by the exercise of the said liberties and also reserving unto the Landlord the right to resume possession at any time or times of any part of parts of the demised premises for building planting trees making roads or for any other purpose other than agricultural allowing a reasonable abatement in the rent hereby reserved for all land of the occupation of which the Tenant may thus be deprived AND ALO EXCEPTING AND RESERVING all Game and Royalties whatsoever and all Rabbits and Wildfowl together with the exclusive right of the Landlord and those authorized by him of hunting shooting fishing and  fowling in and over the said premises (except hares and rabbits which the Tenant shall in strict exercise of the powers conferred on

him by the Ground Game Act 1880 and the Ground Game (Amendment) Act 1906

(In margin “TERM”)

bill and take) TO HOLD (excepting and reserving as aforesaid) unto the Tenant for the term of seven years from the twenty ninth day of September One thousand nine hundred and forty YIELDING AND PAYMING therefore the yearly rent of THIRTY THREE POUNDS by equal quarterly payments on the twentfifth day of March the twenty fourth

(Page 2)

 

day of June the twenty ninth day of September and the twenty fifth day of December in every year (the first payment to  become due on the twenty fifth day of December next (the amount then payable shall be the sum of Five pounds seventeen shillings and six pence being the rent payable in respect of the period from the twenty second day of October One thousand nine hundred and forty to the twenty fifth day of December One thousand nine hundred and forty) and the last payment to become due and payable in advance on the Midsummer day next

(In margin “Tenant’s covenants”)

before the end of the tenancy) AND the Tenant doth hereby covenant with the Landlord in the manner following (that is to say):-

(In margin “To pay rent”)

  1. To pay or cause to be paid unto the Landlord the said clear rent hereinbefore reserved on the days and times and in the manner aforesaid

(In margin “To pay Rates etc)

  1. To pay all and all manner of rtes taxes assessments and all other outgoings whatsoever now or hereafter to be charged or imposed on the said demised premises or any part thereof or on the Landlord or Tenant in respect thereof (Landlord’s property or Income Tax and the Tithe Redemption Annuities only excepted)

(In margin “To repair)

  1. To keep and at the end of the tenancy leave in good and sufficient repair and renew when necessary every part of the said demied premises whether enumerated of not in these presents and whether customary in the district or otherwise the sole exception being the outside of the outer walls of the dwellinghouse and buildings and the slated roofs and timber thereof and the ceilings and window frames BUT INCLUDING all houses outhouses doors partitions wainscottings painting papering floors windows and the glass thereof launders hedges fences (including the boundary fences) gates posts rails roads stiles pumps wells streams leats drains sinks sewers gutters and ditches including the necessary clearing and cleansing of such pums wells streams leats drains sinks sewers gutters and ditches.

(In margin “To paint tar and whitewash)

  1. To paint with one coat of best lead and oil paint in a workmanlike manner during the first six months of the last year of the tenancy and during the same period to repaper and recolourwash the interior parts of all dwellinghouses and other buildings as have been previously or usually painted papered or colourwashed bot internally and externally

(In margin “To permit Lessors to enter to view state of repairs)

  1. At all times during the Tenancy to permit the Landlord and those authorized by him to enter the said premises to examine the state of repair and condition thereof and to make a Schedule or Inventory of all defects in the state and condition thereof and that if the Tenant shall make default for the space of one month in making good any breaches of the covenants hereinbefore contained relating  to repairing painting decorating tarring or whitewashing it shall be lawful for the Landlord and those authorized by him (without prejudice to any other other remedies for breach of the Tenant’s covenants) at any time thereafter to enter upon the said premises and repair paint paper colourwash tar and whitewash at the expense of the Tenant who shall repay to the Landlord on demand all such expenses so incurred by him.

(In margin: To give notice of repairs to be executed by Lessor)

  1. Immediately any of the said outer walls of the buildings or the main timbers of the roofs thereof or the ceilings or window frames required to be put in repair to give to the Landlord written notice thereof respectively.

(In margin:  Not to injure trees)

  1. Not to cut down top lop or destroy any shrubs thorns timber or other trees or saplings which now are or shall at any time during the Tenancy be upon the said premises but to preserve the same respectively from spoil or damage.

(In margin:  Not to remove hedges etc)

  1. Not to remove any hedge or gate or in any other way alter any part of the said premises.

(In margin: Consume fodder)

  1. Not (without the consent in writing of the Landlord) to carry or suffer to be carried off the said premises any straw reed hay grass green of root crops dung manure compost ashes or soil but to eat and consume on the said premises with cattle all such straw reed grass hay turnips and green crops as shall yearly grow thereon and employ the manure therefrom arising and all the other manure produced on the same premises for the improvement thereof.

(In margin: Leave fodder)

  1. On delivering up the said premises to leave thereon for the Landlord or the incoming Tenant or Tenants all the spring corn straw and reed of the same at a valuation at market price and also all dung manure compost ashes or soil without receiving any compensation the straw to be duly ricked by the Tenant without compensation in the Mowhay.

(In margin: Not to market garden)

  1. To use the premises for farming purposes only and not to permit any part thereof to be used for trade or cultivated as a Market Garden.

(In margin: Cropping)

  1. Not in any one year of the Tenancy to have broken up for tillage more than one meadow or field of land but will break each meadow or field of land of the demised premises in succession during the term.
  2. To farm and cultivate all the arable land hereby demised according to the system of not growing more than three corn or exhausting crops in any four successive years (a crop of clover seed or any crop suffered to ripen its seed to be considered as an exhausting crop. And in no case to grow more than two such crops in succession.
  3. With every third corn crop (which shall be Oats or barley) to provide and sow ten pounds of the best clover seeds (including not less than one half pound of wild white clover) and eight gallons of good eaver or rye grass seeds per acre such seeds (if required) to be shown to and approved by the Landlord.
  4. Not in the last year of the Tenancy to depasture any live stock whatever on seedling grass.

(In margin:  As to cutting hay)

  1.  Not to cut hay in the same field more than once in any one year or in any two consecutive years.

(In margin: Stacking hay in last year)

  1. In the last year of the Tenancy to leave for the Landlord or any incoming Tenant all hay at a valuation of market price the hay shall be ricked by the Tenant free of cost in the Mowhay of the premises.

(In margin:  Vermin)

  1. To destroy all rats moles and other like vermin on the said premises.

(In margin:  Agisting)

  1. Not to depasture or allow to be depastured on the said premises any other than his own live stock it being hereby declared that abreach of this covenant shall constitute and be a breach of the covenant hereinafter contained against assigning and underletting.

(In margin:  To observe rules of husbandry)

  1. Generally throughout the Tenancy to manage treat cultivate and manure the said premises according to the best rules of husbandry so that the same may be improved.

(In margin: To permit Lessor etc.  to enter and inspect)

  1. To permit the Landlord and those authorized by him throughout the Tenancy to enter upon the said premises to examine the state and condition thereof and to exercise the rights liberties and privileges hereinbefore expressed to be reserved.

(In margin:  Not to assign etc.)

  1. Not to assign underlet or in any manner part with the possession of occupation of the said premises or any part thereof but constantly to reside in the said farmhouse.

(In margin:  To permit Landlord to bring actions)

  1. To permit the Landlord to bring any action suit or other proceedings in the name of the Tenant against any person or persons who may trespass upon the said premises in pursuit of game or otherwise on indemnifying the Tenant against all expenses occasioned thereby.

(In margin: Costs of this Lease)

  1. To pay one half of the costs incidental to the preparation and completion of this Lease including the stamp duty hereon.

(In margin:  Provisoes)

PROVIDED ALWAYS AND IT IS HERBY AGREED AND DECLARED by and between the said parties hereto that in case the said rents hereby reserved or any part thereof shall be due and unpaid for the space of thirty days next after any or either of the days whereon the same ought to be paid as aforesaid OR if the Tenant shall fail in the observance or performance of any of the covenants hereinbefore contained and on his part to be observed and performed OR shall become Bankrupt or compound with his creditors or take the benefit of any Statute made for the relief of insolvent Debtors OR al mortgage or assign any personal property whatsoever to or for the benefit of his Creditors OR if any writ of execution shall be issued against him OR if he shall commit or permit any waste in or upon the said demised premises or any part thereof THEN and in either of those cases  and thenceforth or any time thereafter it shall be lawful for the Landlord into and upon the said premises or any part thereof in the name of the whole to re-enter and the same to repossess as in his former Estate anything herein contained in the contrary notwithstanding but without prejudice to his other remedies

(In margin:  Landlord’s covenants)

against the Tenant for or in respect of rent in arrear or other breach of covenant AND the Landlord hereby covenants with the Tenant:

(In margin:  To repair)

At all times during the continuance  of the Tenancy to repair and keep in repair the outside of the outer walls of dwellinghouse and the buildings on the said premises and the slated roofs and the timber thereof and the ceilings and window frames and to paint with one coat of best lead and oil paint in a workmanlike manner all the exterior wood iron or other work previously or usually painted PROVIDED that the Tenant shall have given notice in writing whenever the same require repairing in accordance with his covenant in that behalf hereinbefore contained.

AND IT IS DECLARED that where the context allows the expressions “the Landlord” and ‘the Tenant” use din these presents shall include respectively besides the said James Percy Arundell Harvey his successors in title and assigns and besides the said Edwin John Williams his executors administrators and assigns and also that the expression ‘last year of the tenancy’  shall mean the last year of the Tenancy of the Tenant by virtue of these presents whether such tenancy shall determine by effluxion of time or otherwise.

IN WITNESS whereof the said parties hereto have hereunto set their hands and seals the day and year first before written.

SIGNED SEALED AND DELIVERED by the said)    J.P.A.Harvey (signature)

JAMES PERCT ARUNDELL HARVEY in the

Presence of:_

………….    (illegible signature)

Helston

Solicitor

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