Indenture Between A.F. Barnard, & William Forrest.

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Document ID 8910124
Date 03-12-1794
Document Type Official Documents
Archive Public Record Office, Northern Ireland
Citation Indenture Between A.F. Barnard, & William Forrest.; PRONI T 1227/38; CMSIED 8910124
20602
This Indenture Made the third Day of December in the Year of Our Lord one
thousand seven hundred and ninty four
Parties  BETWEEN Andw [Andrew?] Francis Barnard of Banbrook in the Country
         of Londonderry Esq
         of the one part and William Forrest Templymoyle [Templemoyle?] in the Country of Londonderry Farmer
         of the other Part; WITNESSETH, that the said Andw [Andrew?] Francis
         Barnard for and in Consideration
         of the yearly Rents, Reservations, Convenants, Provisoes,
         [Provisos?] Conditions, and Agreements, Herein
         after mentioned and contained on the Part and Behalf of the said
         William Forrest, Heirs, Executors,
         Administrators, and Assigns, to be paid, done, observed, and
         performed, HATH demissed, granted, set,
         and to Farm let, and by these Presents DOTH demise, grant, set, and
         to Farm let, unto the said
         William Forrest in his actual Possession now being, by Virtue of a
         Bargain and Sale to him thereof
         Made by the said Andw [Andrew?] Francis Barnard in Consideration
         of Five Shillings sterling, by
         Indenture, bearing Date the Day next before the Day of the Date of
         these Presents, and by Force of
         the Stature for transferring Uses into Possession, and to his Heirs
         and Assigns, ALL THAT part or
Premises  portion of Land in Templemoyle aforesaid now in the possession
          and occupation of the said William
          Forrest being a part of that square marked in the Map lately made
          of said Lands by John
          Coltroun Number thirteen also such part of the two squares marked
          in said Map Number one and
          Number two as is now in the possession of the said William Forrest
          all the Premises are situate
          lying, and being in the Country of Londonderry Exceping and always
          reserving out of this present Demise
Premises  unto the said Andw [Andrew?] Francis Barnard his Heirs and Assigns
          all Timber and Timber-Trees, Wood and
Exception  Under-Wood, now lying, being, standing, or growing, or that shall
           hereafter stand or grow, in or upon the
           said demissed premises, or any Part thereof; save and except
           such Part and Proportion of such Trees as the
           said William Forrest his Heirs and Assigns, shall be intitled
           [entitled?] to be Virtue of any Act of Parliament made
           in this Kingdom for the Encouragement of Planting and all Loughs,
           Bogs, and Mosses, Bog-timber, Ways
           Water and Water-couries, Mill-races, Mines, Minerals, Quarries,
           Marle and Marle-pits, Felons, Fugitives Goods
           Deodands, and all Game, and all other Royalties, Franchises,
           Privileges, and Immunities? whatsoever, with
           free Liberty of Ingress, Egress, and Regress for the said Andw
           [Andrew?] Francis Barnard his Heirs & Assigns
           and his and their Servants and Carriages, into and out of the
           Premises, to search for, take,cut and
Exception  carry away all or any of the said exceped Premises, and to make
           new Water courses to any Mill or Mills,
           already built, or hereafter to be built, by the Order of Andw
           [Andrew?] Francis Heirs or Assigns and to
           make any Dam or Dams for the penning in or keeping of water for
           the said Mills, and also to lay out and make
           Roads to any Merket-town, Mill, or Church wheresoever, and also
           to all Quarries, Mosses, and Turf-bogs in
           the said demised Premisses [premises?] or any Part threeof,
           without being chargeable for Trespass, and also reserving to
           said Andw [Andrew?] Francis his Heirs & Assigns and his and their
           Servants and Attendants, full Liberty Power
           and Authority, to hunt, hawk, fish, and fowl, upon all or any
           Part of the above demised  Premises, TO HAVE AND
           TO HOLD all the singular the said granted and demised Premises,
           with Appurtenances thereunto belonging
Exception  belonging (except before excepted) unto the said William Forrest
           his Heirs Assigns, from the first Day of
      November last part for and during the Term of thirty one years or the
      natural life of Miss Sarah Barnard
      youngest Daughter of the late Revd [Reverend?] Doctr [Doctor?] Barnard
      Rector of Maghera which shall
      last longest
Rent  YIELDING AND PAYING therefore and therout, yearly and every Year,
 "    during the said Term, unto the said Andw [Andrew?] Francis his Heirs
 "    and Assigns the clear yearly Rent or Sum of Twelve pounds ten shills
 "    [shillings?] sterling, together with pence by the pound for every
Fees    Pound of the said Rent yearly, for Receiver's Fees, and yearly, in
In      Lieu of Duties, by even and equal half-yearly Portions, on every
Lieu    first Day of May and first Day of November clear, without Any Deduc-
of      tions, Desalcations, or Abatements whatsoever, and over and above
Duties  all Manner of Taxes, Charges, Subsidies, Assessments, Country -
        Charges, Impositions, and Payments whatsoever, as well extraordinary
Fees    as ordinary, charged or to be charged, on the said demised Premises,
In      or any Part thereof, by Act of Parliament or otherwise howsoever,
Lieu    Kings rent or Cheif Rent only excepted: PROVIDED always, that if the
of      said reserved yearly Rent, and Receivers Fees, and Duties or any
Duties  Part thereof, shall be behind or unpaid, in Part or in the Whole, by
        the Space of twenty one Days next after either of the Half-yearly
        Days or Times
- when  wheron the fame is herein before appointed to be paid, that then
payable and so often as it shall so happen, it shall and may be lawful to
        and for the said Andw [Andrew?] Francis his Heirs or Assigns
Clause  into the said demised Premises, or any Part thereof, to enter and
of      distrain for the fame, and the Distress and Distresses then and
Distress  there found, to take, lead, drive, and carry away, impound, and
        dispose of according to Law: And if no sufficient Distress or
        Distresses can or may be found or had on the said Premises,
        wherewith and whereby the said Rent, Receiver's Fees, Duties, and
        Arrears, and the Charges and Expence of distraining and keeping
       such Distress may be fully satisfied and paid, that then it shall
       and may be lawful to and for the said Andw [Anmdrew?] Francis his
Condition  heirs and Assigns into the said demised premises or any part
of     thereof, to enter and distrein for the fame.  and the Distress and
Re-Entry   Distresses then and there found, to take, lead, drive, and carry
       away, impound, and dispose of according to Law:  And if no
       sufficient Distress or Distresses can or may be found or had on the
       said premises, wherewith and whereby the saidf Rent, Receiver's
       Fees, Duties, and Arrears, and the Charges and Expence of distraining
       and keeping such Distress may be fully satisfied and paid, that then
       it shall and may be lawful to and for the said Andrew Ferris his
       Heirs and Assignees to re-enter into all and every the above demised
       premises, or any part thereof in the Name of the Whole, and have hold
       and enjoy the fame as in his or their first and former Estate any
       Thing herein contained to the contrary notwithstanding.  AND the said
       Willaim Forrest dothereby for himself his Heirs, Executors,
       Admininistrators, and Assigns, covenant, promise, and agree to and
       with the said Andw [Andrew?] Francis Barnard in Manner and Form
       Following, (that is to way) That the said William Forrest his Heirs,
       Executors, and Administrators, or some one of them, shall and will,
       during the said Term hereby granted, well and truly pay or cause to
       be paid unto the said Andw [Andrew?] Francis his Heirs & Assigns the
       said reserved yearly Rent, and Receiver's Fees, Duties, at the Days,
       and in Manner and Form above mentioned; And likewise shall and will,
Covenant  at there own Costs and Charges, bear, pay and discharge over and
to pay    above the said Rent and Receiver's Fees, all and every such Taxes,
Rent      Subsidies, Assessments, quartering of soldiers, Rates, and
       Impositions whatsoever, of evry Nature of Kind, which now are, or at
       any Time or Times hereafter, during the Term hereby demised, shall
       be taxed, laid, rated, levied, assessed, or impose upon the hereby
       demised premises, or any part thereof, or upon the said [Andrew?]
       Francis in his Heirs and Assigns and every of them, of and from the
       fame: AND also that the said William Forrest his Heirs & Assigns,
       and each of their Under-tenants on the said demised Premises shall
         grind all his and their Corn, Grain, and Malt that shall be
         expended, used or consumed on the said demised Premises, or that
         shall be by them or any of them ground for Sale at such Mill or
         Mills within four Miles of the Lands hereby demised as the said
         Andw [Andrew?] Fras [Francis?] his Heirs or Assigns shall direct,
         order, or appoint, and pay the twentieth Grain for Toll of Mulcture
Covenant   of all Corn, Grain or Malt so expended, used, or consumed, or
to grind   ground for Sale, under the Penatly of two Shillings for every
at Mill    Bushel of Corn, Grain or Malt, that shall be ground elsewhere, to
to be      be levied by Distresses as for the Rent herein before reserved
chosen     AND also that the said Wm [William?] Forrest his Heirs & Assigns,
by         or any or either of them, shall not, or will not, during the
Landlord   Continuance of this present Demise, permit or suffer the said
         demised Premises, or any Part thereof, to be held either by
         themselves or their Under-tenants, in Common or Rundale, by plowing
         the Whole or any Part thereof in Common, and dividing the said
         plowed Land by Lotts or otherwise, but that the same shall
Covenant   henceforth be held and enjoyed by them in severalty, according to
to hold    their several and respective Tenures, to be distinguished by a
in         Mearing or Ditch, or a stone Wall, to be made within   Years,
severalty   next after the Date thereof, for that Purpose, the Ditch to be
           six Feet wide and five Feet deep, and set with Crab or White-
           Thorn Quicks, at the usual and proper Distances; and plant good
           Oak, Ash, Elm, or Beech-Trees, on the said Ditches, at Twenty
           Feet Distance each, and them so planted shall preserve from being
           cut or destroyed, for the Use of the said Heirs or Assigns, or of
           those who by Law may be entitled to the fame, or in Lieu thwereof
           where such Ditches cannot be made conveniently, shall and will
           build a double Stone-wall four Feet high, AND also that the said
           Assigns, shall and will yearly during said Term hereby granted,
           dry, cleanse, scour and amend all the Marsh-fences belonging to
           said demised Premises.  AND also, that the said shall and will
           within the space of   Years from Date hereof, build or cause to
           be built, on some convenient Part of the hereby demised Premises
Covenant   a good and substanial Dwelling-House of Stone and Lime, or Brick
to scour   and Lime   Feet wide in the Clear, and   Feet in the Side-Walls,
Mearning   and   feet long, or in Default thereof shall from and after the
-Ditches   Expiration of the said Term of    Years, pay yearly, and every
           Year unto    during this present Demise and additional Rent of
Covenant   to be paid on the Days and Times whereon the before mentioned
to build   Rent is hereby made payable; and for Recovery whereof the said
Dwelling   shall have like Remedy as for the Recovery of the Rent herein-
House      before reserved.  AND shall also plant, or cause to be planted,
           on some Partof the said Premises, within   Years after the Date
Covenant   Hereof    Apple-Trees, at    Feet Distance from each other, and
to plant   shall enclose the same with a Ditch of like Dimensions as afore-
an         said, them so planted shall duly weed, preserve, and keep from
Orchard    being cut or destroyed, during the Demise, or in Failure or Non-
           performance of all or any of the Particulars aforesaid, shall
           from and after the Expiration of the said Term of   Years, pay
           yearly, and every year unto the said   during the present Demise,
         an additional Rent of   Shillings by the Acre for every Acre
         contained in the said demised Premises clear, over and above the
         hereth first before reserved Rent, Fees, and Duties, to be paid on
         the Days and Times whereon the before mentioned Rent is hereby made
         payable; and for Recovery whereof the said Heirs and Assigns, shall
         have like Remedy as for the Recovery of the Rent herein, before
         reserved.  AND also that the said     Assigns, shall and will
         within five Years from the Date hereiof, at    own proper Costs and
         Charges, make or cause to be made, on the Premises, new Ditches
         where the same shall be wanting, six Feet wide, and five Feet deep,
         set with White Thorn and Crab Quicks, at the usual and proper
         Distances, and with Furze at the Back of said Ditches and plant
         good Oak, Ash, Elm, or Beech Trees thereon, at fifteen Feet
         Distance the one Tree from another, until the Farm hereby demised
         be divided into Parks not exceeding   Acres in any one Park, and
         that they and every of them respectively, will preserve the same
         during the Continuance of this Demise, or in Default thereof,
Covenant  shall and will forfeit and pay unto the said  the farther
to plant  additional yearly Rent of Sum of    Shillings per Acre for each
Timber    and every Acre of the said demised Premises, that shall not be
          inclosed [enclosed?] with such Ditch or Wall as aforesaid, the
          same to be paid over and above and along with the above reserved
          Rent, Fees, and Duties, and to be distrained for as in Cafe of
          Non-payment thereof.  AND also that the said Assigns, shall and
          will, during the Term, hereby granted and dismised, use their
          utmost Care, and Diligence, and Endeavours, to preserve in Growth,
          and secure all Trees or Saplings of what Nature or Kind soever,
Covenant  that now are, or at any Time hereafter during this Demise, shall
to        be standing, growing, or being in or upon the hereby demised
divide    Premises, or any Part thereof, from stripping, cutting, stubbing
into      up, or being fired or burnt:  AND also that the said Assigns,
Parks     shall not kill or destroy or suffer to be killed or destroyed,
          any Pheasant, Growse [Grouse?] Partridge, Hare, or other Game, on
          the hereby demised Premises, or any Part thereof,
Covenant   but diligently endeavour to prevent the same, and give the
to         earliest Notice to the said Andw [Andrew?] Francis his Heirs or
preserve   Assigns his or their Agent or Game-keeper, of any Person or
Timber     Persons killing Game thereon, without the Leave or Consent of
           sd [said?] Andw [Andrew?] Francis his Heirs or Assigns AND also,
Covenant   the said William Forrest his Heirs Assigns or some or one of
to         them, shall and will, during the Continuance of this Demise, at
preserve   his Continuance of this Demise, at his or their own proper Costs
Game       Charges, from Time to Time, and at all Times, well and
           sufficiently repair, uphold, support, sustain and keep in good
Covenant   and sufficient tenantable Ordfer, Repair, and Condition, the
to keep    said granted and demised Premises, Messages, Tenements, Out-
Premises   houses, Erections, and Buildings, with all the Ditches, Fences,
in good    and Improvements, now standing and being or which at any Time
Repair     hereafter, during this Demise, shall be erected, standing or
           being in and upon the hereby granted and demised Premises, or any
           Part thereof, amd by and with all Manner of needful
          Reparations and Amendments whatsoever, when and as often as
          Occasion shall require, and shall not commit, or suffer to be
          committed, any Waste or Destruction in or upon the said demised
          Premises, or any Part well thereof during the said Term; and at
          the End or other sooner Determination of this Demise, shall and
          will yield and deliver up the possession of the said hereby
          demised Premises unto the sd [said?] [?]  [?]  his Heirs or
          assigns in like good Repair and Condition, and the Premises
          fenced and bounded as aforesaid.  AND the said Andw [Andrew?]
          Francis Heirs & Assigns, DOTH covenant, promise and agree, to and
          with the said William Forrest His Heirs and Assigns, well and
          truly paying the Rents, and performing and keeping all and every
          the Covenants and Agreement herein before reserved and contained
          on his Part, to be paid, kept, and performed, shall and may
          peaceably and quietly have, hold, occupy, possess, and enjoy the
          Premises hereby demised, and every Part thereof (except before
          Excepted) without the lawful let, trouble, or disturbance of the
       of the said Andw [Andrew?] Francis his Heirs or Assigns or any Person
       or Persons lawfully claiming or to claim, by, from, or under him
       them, or any of them.  IN WITNESS whereof the Parties aforesaud
       have hereunto signed the Names and affixed their Seals the Day and
       Year first above written

Signed sealed and Delivered by the said William Forrest
in presence of
           Alexr [Alexander?] Purviance
           G[?]st Henderson

Signed Sealed & delivered by Mrs Elixabeth
Robinson by Virtue of a Letter of [?]
the above Andw [Andrew?] Frans [Francis?] Barnard Esq
in presence of
Anne Elitzh [Elizabeth?] [?]wood
Alexr [Alexander?] Purviance

         his
 William  *  Forrest
        Mark

Andrew francis Barnarde