Indenture for release of land dated 10th July 1845 between Richard Rawes and Edward Stephenson. Carlisle Record Office, D/Lons/L5/1/Shap/527-531. (Augustus)

[Line 1] This Indenture made the tenth day of July in the year of our one thousand eight hundred and forty five [Line 2] pursuant to the Act of Parliament passed in the fourth year of the Reign of Her present Majesty Queen Victoria [Line 3] entitled 'An Act for rendering a Release as effectual for the conveyance of freehold Estates as a Lease and Release [Line 4] by the same parties Between Richard Rawes of Kendal in the County of Westmorland, Gentleman of the one [Line 5] part and Edward Stephenson of Keld in the Parish of Shap in the said County of Westmorland Yeoman of the [Line 6] other part. Whereas the said Richard Rawes being duly seized of the Allotment Close or Inclosure of Land and premises [Line 7] hereinafter described as and for an Estate of Inheritance in fee simple by purchase from the Commissioners appointed to [Line 8] divide and inclose the open Commons and Waste Lands in the Parish of Shap in the County of Westmorland aforesaid sometime ago contracted with the said Edward Stephenson for the sale thereof to him at the price [Line 9] or Sum of One hundred and fifteen Pounds but no conveyance of the same premises having been hither to made and executed by the said Richard Rawes it is now intended to grant release and convey the said [Line 10] Allotment Close and premises to him the said Edward Stephenson and his Heirs in the manner hereinafter mentioned Now this Indenture Witnesseth that in pursuance of the said contract and [Line 11] Intention and in consideration of the Sum of One Hundred and fifteen Pounds of lawful Money of the United Kingdom of Great Britain and Ireland of English value and currency to the said Richard [Line 12] Rawes in hand well and truly paid by the said Edward Stephenson sometime before the sealing and delivery of these presents the receipt whereof the said Richard Rawes doth hereby acknowledge He the said [Line 13] Richard Rawes Hath granted bargained sold aliened and released and by these presents doth in manner aforesaid grant bargain sell alien release ratify and confirm unto the said Edward Stephenson and his Heirs [Line 14] All that Allotment Close or Inclosure of Land situate lying and being in the Parish of Shap in the County of Westmorland aforesaid containing by estimation twenty one acres and three roods be the same more or less [Line 15] bounded on or towards the south by the lands of the said Richard Rawes; on or towards the East by the Allotment and Lands late of John Robinson, deceased, and James Lancaster; and on or towards the north and [Line 16] West by the Allotment and Lands late belonging to Mr Burgess, deceased, and now the property of John Pearson and Margaret Hudson; and which said Allotment Close or Inclosure of Land was with other Lands purchased by [Line 17] the said Richard Rawes of the Commissioners appointed for dividing and inclosing the open Commons and Waste Lands in the Parish of Shap in the County of Westmorland and duly allotted and awarded to the said [Line 18] Richard Rawes under the Provisions of the Act of Parliament in that behalf made; and the same premises are now in the quiet and peaceable possession of the said Edward Stephenson his undertenants or assigns [Line 19] Together with all the Lands ways paths passages waters watercourses trees woods underwoods and the Ground and the soil thereof rights and privileges of Common, Easements profits commodities advantages and appurtenances [Line 20] whatsoever to the said Allotment Close or Inclosure of Land and Premises belonging or in anywise Appertaining And all reversions and remainders of or in the same and the yearly and other Rents Issues and [Line 21] profits thereof and all the estate right title Interest use trust property benefit possession claim and demand whatsoever both legal and equitable of him the said Richard Rawes of in to out of or respecting the [Line 22] same And also all Deeds evidences and writings in anywise solely relating to the said premises To have and to hold the said Allotment Close or Inclosure of Land and Hereditaments and all and [Line 23] singular other the premises hereby granted and released or otherwise assured or intended so to be with the Appurtenances unto the said Edward Stephenson and his Heirs to or for the only proper use and behoof of [Line 24] him the said Edward Stephenson his Heirs and Assigns forever And the said Richard Rawes for himself his Heirs executors and administrators doth hereby covenant and declare with and to the said Edward [Line 25] Stephenson his Heirs and Assigns in the manner following (that is to say) that for and notwithstanding any Act deed matter or thing whatsoever at anytime heretofore made done executed or knowingly [Line 26] occasioned or suffered by him the said Richard Rawes to the contrary he the said Richard Rawes at the time of the Sealing and delivery of these presents is lawfully and rightfully seized in his demesne as of fee [Line 27] in his own right and to his own use of all and singular the said Allotment Close or Inclosure of Land and premises hereby granted and released or otherwise assured as aforesaid or intended so to be with the [Line 28] Appurtenances as of or for a good perfect clear absolute and indefeasible Estate of Inheritance in fee simple in possession and in severalty without being subject to any manner of trust condition power of revocation [Line 29] restriction matter or thing whatsoever expressed or implied which can or may revoke determine abridge qualify alter charge incumber or prejudicially affect the same in any manner however And also that [Line 30] for and notwithstanding any such act deed matter or thing as aforesaid he the said Richard Rawes now hath himself full power and lawful and absolute right title and authority to grant [Line 31] bargain sell release and assure all and singular the said Allotment Close or Inclosure of Land and premises and the possession reversion and Inheritance thereof unto and to the use of the said [Line 32] Edward Stephenson his Heirs and Assigns in manner aforesaid and according to the true intent and meaning of these presents And further that the said Edward Stephenson his Heirs and [Line 33] Assigns shall or lawfully may enter into and upon the said Allotment Close or Inclosure of Land and premises with the Appurtenances and receive and retain the Rents and profits thereof to and [Line 34] for his and their use and benefit without any manner of hindrance interruption disturbance claim or demand whatsoever of or by the said Richard Rawes or his Heirs and any other person or [Line 35] persons whomsoever now or hereafter lawfully or equitably entitled to the said Allotment Close or Inclosure of Land and premises or any Estate or Interest therein from through under or in trust for him [Line 36] them or any of them And that free and clear or otherwise by and at the expense of the said Richard Rawes his Heirs executors or administrators effectually protected and indemnified from and [Line 37] against all former and other Estates rights titles interests charges [a]liens and incumbrances whatsoever And moreover that he the said Richard Rawes and his Heirs and all and every [Line 38] other persons and person who now or at any time hereafter are or is or shall or may be entitled to any Estate right or Interest in to or out of the Allotment Close or Inclosure of Land and premises hereby [Line 39] granted and released or otherwise assured or intended so to be or any part thereof with the Appurtenances from through under or in trust for him them or either of them shall and will from time to [Line 40] time and at all times hereafter upon the request and at the expense of the said Edward Stephenson his Heirs or Assigns make do acknowledge levy suffer execute and perfect or cause and procure to [Line 41] be made done acknowledged levied suffered executed and perfected all and every such further and other lawful and reasonable Acts Deeds conveyances assurances matters and things whatsoever for [Line 42] the further better and more perfectly or satisfactorily granting conveying confirming and assuring the same Allotment Close or Inclosure of Land and premises and every or any part thereof and [Line 43] the possession reversion and Inheritance of the same with the Appurtenances unto and to and for the use and behoof of the said Edward Stephenson his Heirs and Assigns free from incumbrances as [Line 44] aforesaid in such manner and form as he the said Edward Stephenson his Heirs or Assigns or his or their counsel in the Law shall advise and require. In Witness whereof the said parties [Line 45] have hereunto set their Hands and Seals the Day and year first above written. Richard Rawes [signed] [Release] Dated 10th July 1845 Mr Richard Rawes to Mr Edward Stephenson Release of a Freehold / Allotment of Land and Premises / in the Parish of Shap in the / County of Westmorland - Consor £45. Notes:- The above records are to be found amongst the Lowther estate papers (Lons). Transcribed from the original by Bryant Bayliffe of Brockworth, 2002