Penryn (Cornwall) OPC site

Richard Warmington's Indenture: July 1809

 

This indenture of three parts made the fifth day of July in the year of our Lord, one thousand eight hundred and nine between Richard Warmington of the Borough of Penryn in the County of Penryn, Innkeeper of the first part and Francis Paynter of Saint Columb Major in the said County Gentleman of the second part and William Spear of Grays Inn in the County of Middlesex Gentleman and Francis Camborne Paynter of Saint Columb Major aforesaid Gentleman of the third part. Whereas the said Richard Warmington now is and standeth entitled to one sixth part of sixty pounds and twelve shillings per annum long annuities now standing in the names of the said William Spear and Francis Camborne Paynter (subject in the first place to the payment of one hundred pounds out of the said long annuities to William Warmington, brother of the said Richard Warmington. And whereas the said Francis Paynter hath upon application and at the request of the said Richard Warmington agreed to lend and advance to him the sum of sixty three pounds on the security of his share of the said forty pounds and twelve shillings long annuities. Now this indenture witnesseth that in pursuance of the said agreement and in consideration of the sum of forty three pounds of lawful money current in Great Britain to the said Richard Warmington in hand paid by the said Francis Paynter at or before the sealing and delivery of these presents the receipt whereof is hereby acknowledged and hereon endorsed all the said Richard Warmington Hath assigned transferred and set over and by these presents Both assign transfer and set over unto the said Francis Paynter all his the said Richard Warmington’s part or share of the said forty pounds and twelve shillings long annuities now standing in the name of the said William Spear and Francis Camborne Paynter in the books of the Governor and company of the bank of England and all the Dividends and Interest now due and to grow due thereon And all right *itle and Interest properly claim and demand whatsoever both at law and in equity of him the said Richard Warmington of into and out of the same stock hereby assigned and every part thereof To have hold receive and take the said part a share of the said forty pounds twelve shillings per annum long annuities hereby assigned unto the said Francis Paynter his executors Administrators and assigns subject to the proviso hereinafter mentioned for redemption thereof. That is to say, provided always and these presents are upon this condition that of the said Richard Warmington his executors or administrators shall and do pay a cause to be paid to the said Francis Paynter his executors administrators or assigns the full sum of forty three pounds of lawful money current in Great Britain with lawful interest for the same as the rate of five pounds yearly for one hundred pounds at or on the fifth day of October next ensuing without any deduction or abatement whatsoever then these presents and every article matter and thing herein contained shall cease determine and be void to all intents and purposes whatsoever And the said Richard Warmington for himself his heirs executors and administrators doth hereby covenant promise and agree to and with the said Francis Paynter his executors administrators and assigns in manner following, this is to say, that he the said Richard Warmington his heirs executors or administrators shall and will well and truly pay or cause to be paid unto the said Francis Paynter his executors administrators or assigns the said sum of forty three pounds of lawful money current in Great Britain with lawful interest for the same at the time in the before-mentioned proviso limited for payment for payment thereof and according to the hue intent and meaning of these presents And also that he the said Richard Warmington now is and standeth entitled to the aforesaid part or share of the said forty pounds and twelve shillings per annum long annuities and hath good right free full power and absolute authority to assign and transfer the same to the said Francis Paynter is executors administrators and assigns in manner and form aforesaid.

 

And this Indenture further witnesseth that for the considerations aforesaid he the said Richard Warmington doth hereby order and direct the said William Spear and Francis Camborne Paynter their executors administrators and assigns upon the request of the said Francis Paynter his executors administrators or assigns but at the expense of the said Richard Warmington his executors or administrators to assign and transfer to the said Francis Paynter his executors administrators and assigns All his the said Richard Warmington’s part or share of the said forty pounds twelve shillings per annum long annuities and of all dividends and interest now due and to grow due thereon. Had that in the mean time and until such assignment and transfer shall be made the said William Spear and Francis Camborne Paynter their executors administrators and assigns shall stand passified of the said part or share of the said forty pounds and twelve shillings long annuities hereby assigned in Trust for the said Francis Paynter his executors, administrators and assigns subject nevertheless to the proviso herein before contained for redemption thereof.

 

In witness whereof the said parties to these presents their hands and seals have set the day and year first above.

 

Signed sealed and delivered by the above named: Richard Warmington and Francis Camborne Paynter. In presence of R Squire.