Indenture Between Thomas May and Samuel Morley 1882

 

(The following Indenture was transcribed from the original by Joyce Field (2014):  the original is held in the Leigh Archives:   most of the deed is legible except part of the third page.)

INDENTURE BETWEEN THOMAS MAY and SAMUEL MORLEY: 28 December 1882;

Also names JAMES WALLIS, HENRY STURT

Names properties:  PARSONAGE, COLLINS FARMS, LOWER STREET FARM, LITTLE LUCY’S FARM

Thomas YARLEY of Black Charles Farm, Seal

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License

THIS INDENTURE made the twenty …. Day of … one thousand eight hundred and eighty

Between THOMAS MAY of Leigh in the County of Kent Clerk in Holy Orders of the one part and SAMUEL MORLEY of Hall Place in the said County of Kent Esquire MP of the other part

WHEREAS by a certain Indenture of Lease bearing date the first day of January one thousand eight hundred and seventy three and made between the said THOMAS MAY of the one part and the said SAMUEL MORLEY of the other part the said THOMAS MAY did demise certain messuages farms hereditaments and premises unto the said SAMUEL MORLEY his executors administrators and assigns from the eleventh day of October one thousand eight hundred and seventy two for the term of fourteen years thence  next ensuing  at the rent therein reserved and subject to the covenants and conditions therein contained and on the Lessees part to be observed and performed (including a covenant not to assign or underlet without the license or consent in writing of the said THOMAS MAY his heirs or assigns first had and obtained and a proviso or condition for reentry on breach of any of the said covenants therein contained.  AND WHEREAS by another Indenture of Lease bearing date the thirteenth day of May one thousand eight hundred and seventy four and made between the said THOMAS MAY of the one part and the said SAMUEL MORLEY of the other part the said THOMAS MAY did demise a certain messuage farm hereditament  and premises unto the said SAMUEL MORLEY his executors administrators and assigns from the twenty ninth day of September one thousand  eight hundred and seventy three for the term of thirteen years thence and ensuing at the yearly rent therein reserved and subject to the covenants and conditions therein contained and on the Lessees part to be observed and performed (including a covenant not to assign to underlet without the license or consent in writing of the said THOMAS MAY his heirs or assigns first had and obtained and a proviso or condition for reentry on breach of any of the said Covenants therein contained AND WHEREAS by a certain other Indenture of Lease also bearing date the thirteenth day of May one thousand eight hundred and seventy four and made between the said THOMAS MAY of the one part and the said SAMUEL MORLEY of the other part the said THOMAS MAY did demise an enclosure of land situate at Leigh aforesaid containing by a measurement three acres one rood and thirty two perches or thereabouts from the eleventh day of October one thousand eight hundred and seventy three for the term of thirteen years from thence next ensuing at the yearly rent therein received and subject to the covenants and conditions therein contained including a covenant not to assign or underlet without the license or consent in writing of the said THOMAS MAY his heirs or assigns first had and obtained and a proviso for re-entry on breach of any of the said covenant

(Page 2)

herein contained  AND WHEREAS the said SAMUEL MORLEY has required the said THOMAS MAY to grant his license and consent to such underleases as are hereinafter mentioned which the said THOMAS MAY has agreed to subject to such covenant and condition as are hereinafter contained NOW THIS INDENTURE WITNESSETH that in pursuance of the said Agreement the said THOMAS MAY did hereby give and grant unto the said SAMUEL MORLEY License and authority to underlet firstly to JAMES WALLIS of Leigh in the said County of Kent ALL the land hereditaments and premises being part of PARSONAGE and COLLINS FARMS containing together Eighty two acres one rood and thirty three perches little more or less situate and being in the parishes of Leigh and Tonbridge in the County of Kent.  Secondly to THOMAS YARLEY of BLACK CHARLES FARM SEAL in the County of Kent ALL that messuages tenement farm and premises known by the name of LOWER STREET FARM containing one hundred and seventy one acres and thirty eight perches little more or less situate and being in the parishes of Tonbridge and Leigh in the said County of Kent and now in the occupation of the said SAMUEL MORLEY and the said premises are …. Particularly delineated and described in the map or plans …. On ….. …. Indenture of Lease of the first day of January one thousand eight hundred and seventy three and the thirteenth day of May one thousand eight hundred and seventy four being the premises demised by the said recited Indenture of lease of the first day of January one thousand eight hundred and seventy three and the thirteenth day of May one thousand eight hundred and seventy four for the residues of the respective terms granted by the said last mentioned Indentures of Lease (except the last three days thereby) And also license and authority to underlet to HENRY STURT of Leigh Tonbridge in the said County of Kent ALL that messuage or tenement farm and premises known by the name of LITTLE LUCY’s FARM containing thirty three acres one rood and twenty perches little more or less situate and being in the parish of Tonbridge in the County of Kent now in the occupation of the said SAMUEL MORLEY which said premises are more particularly delineated and described in the map drawn in the margin of the said recited Indenture  or Lease of the thirteenth day of May one thousand eight hundred and seventy four being the premises demised by the said recited Indenture of Lease of the thirteenth day of May one thousand eight hundred and seventy four for the residue of the term of thirteen years granted by the said Indenture of Lease of the Thirteenth day of May one thousand eight hundred and seventy four (except the last three days thereof) such several underleases to be subject to the covenants and conditions contained in the said three recited indentures of Lease of the first January one thousand eight hundred and seventy three and the thirteenth day of May one thousand eight hundred and seventy four on the part of the lessee to be observed and performed (except the covenant for payment of rent) so far as the same covenants and conditions

(page 3)

relate to the premises to be comprised in each such underlease and to be /
made on the express condition that the said THOMAS MAY and JAMES WALLIS and /
HENRY STURT respectively and their respective executors administrators or assigns /
shall not at any time assign underlet or otherwise part with the said /
respective premises or any part being for …….any part of the /
respective farms to be granted by each such underlease without the license /
or consent in writing of the said THOMAS MAY his heirs or assigns …/
…….. .  And this Indenture also witnesseth  …. /
? /
Hereby covenants with the said THOMAS MAY that he the said JAMES WALLIS /
……. administrators or assigns will not without the licence or the consent /
In writing of the said THOMAS MAY his heirs or assigns …../
the …… against assignment or under ..  ………/
……………………………………….
……………………………………….
……… underlease …………..
Conditions and ………

And it is hereby agreed and declared  …………….
………………………………………………………………..
……………………………………………………………….

The covenant herein contained In witness whereof the said parties
To these present have hereunto set their hands and … the day and year
Just above written
Signed sealed and delivered
By the above named Samuel Morley
In the presence of
Henry Hope Morley
Hall Place
Tonbridge

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