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