A complete transcription of the lease

Dated 30th March 1854
Counterpart
James Lomax Esquire
to
Messrs. J. Mercer
R.C.Mercer & Josh. Haydock
Term 11 Years
Lease of a Farm and
Lands in the Township of
Great Harwood in the
County of Lancaster


This indenture made the thirtieth day of March in the Year of our Lord one thousand eight hundred and fifty four Between James Lomax of Clayton Hall within the Township of Clayton le Moors in the County of Lancaster Esquire of the one part and John Mercer the younger and Robert Clayton Mercer both of Oakenshaw within Clayton le Moors aforesaid Cotton Manufacturers and Joseph Haydock of Blackburn in the said County Spirit Merchant of the other part Witnesseth that in consideration of the Rents and covenants hereinafter reserved and contained and on the part of the said John Mercer Robert Clayton Mercer and Joseph Haydock their executors administrators and assigns to be paid and performed The said James Lomax by virtue and in exercise of the power in this behalf given to him in and by the last Will and Testament of Richard Grimshaw Lomax late of Clayton Hall aforesaid Esquire deceased dated the twenty first day of November one thousand eight hundred and thirty six and of every other power enabling him hereunto Doth hereby appoint and also grant demise and lease unto the said John Mercer Robert Clayton Mercer and Joseph Haydock their executors administrators and assigns All that messuage and Farm situate and being in the township of Great Harwood in the County of Lancaster known by the name of "Birches" consisting of a farm house cottage barn stable shippon and other outbuildings and of several closes of meadow and pasture land called by the several names of Park Great Meadow Hilly Dole Reed Park meadow Long meadow Bent Bent meadow Acre Holme Duxbury Meadow Horsemans Dole Nooks Mill Field Flatts Long field Middle field and Little field and containing in the whole including the site of the farm house and other buildings forty nine acres one rood and nineteen and a half perches Statute measure or thereabouts be the same more or less and now in the occupation of the said John Mercer Robert Clayton Mercer and Joseph Haydock all which said premises hereinbefore described are for greater certainty more particularly delineated in the plan thereof drawn hereupon and are therein marked with the figures 1,2,3, and surrounded by lines edged Red - Together with all appurtenances to the said farm and lands belonging or appertaining (excepting nevertheless out of this demise all Timber and other Trees and the right to enter and act and remove the same and also excepting hereout all mines seams veins and beds of coal and cannel and all other mines and minerals and quarries of stone and slate whatsoever under or upon the said demised premises or any part thereof with full and free liberty of access ingress egress and regress to and for the said James Lomax and his assigns and the person or persons entitled in remainder or reversion to the said demised premises and his and their agent lessees and workmen from time to time and at all times during the Term hereby granted with or without horses carts and carriages into through and over all and every or any of the said lands or grounds hereby demised to dig try search for and work the said mines seams and beds of Coal and cannel and other mines and minerals and to have take and carry away all and every or any of the produce of the said mines and minerals and to make any road or roads way or ways or works for the purposes aforesaid and also to do all other acts whatsoever necessary convenient usual or proper for the purposes aforesaid or any of them making reasonable recompense to the said John Mercer Robert Clayton Mercer and Joseph Haydock their executors administrators or assigns for any damage which shall be sustained by them thereby and also excepting and reserving unto the said James Lomax and his assigns and the person or persons entitled in remainder or reversion as aforesaid and his and their Gamekeeper and all and every other person and persons by his or their permission the exclusive liberty of hunting coursing shooting and sporting in over upon and throughout the whole of the said demised premises at all times during the term hereby granted and also liberty for the said James Lomax and his assigns and the person or persons entitled in remainder or reversion as aforesaid and his and their agents servants and workmen at all times during the Term hereby granted to enter into and upon all or any part of the said premises hereby demised to remove relay and repair the pipes for conveying the Water from the Well shewn on the said plan to Clayton Hall aforesaid and to divert the Water from Harwood Brook through any part of the said premises to Oakenshaw and also reserving unto the reversioner or reversioners for the time being the liberty and privileges from time to time during the said term of entering upon the said farm and land hereby demised for the purpose of inspecting the state condition thereof To have and To hold the said messuage farm lands grounds and premises herby demised with their appurtenances (subject to the foregoing exceptions and reservations) unto the said John Mercer Robert Clayton Mercer and Joseph Haydock their executors administrators and assigns for and during the full end and term of Eleven years to be computed from the second day of February last Yielding and paying therefore yearly and every year during the said term unto the said James Lomax and his assigns during his life and after his decease unto the person or persons entitled in remainder or reversion to the said demised premise the yearly rent of Sixty four pounds and ten shillings sterling clear of all burthens rates taxes charges assessments impositions and outgoings whatsoever (except the Landlords property tax) on the first day of May in every year the first payment to be made on the first day of May now next And also yielding and paying when and so soon as the said John Mercer Robert Clayton Mercer Joseph Haydock shall obtain a license to sell exciseable liquors by retail to be drunk or consumed in the said farmhouse the further or additional yearly rent of Fifteen pounds and ten shillings the first payment thereof to begin and be made on the first day of May next after such license be obtained and to be computed from the tenth day of October then next preceding being the day on which such license will come into force and all subsequent payments of the said additional yearly rent to be made on the first day of May in every following year during the said Term.

And The said John Mercer Robert Clayton Mercer and Joseph Haydock do hereby for themselves their heirs executors and administrators and each of them doth hereby for himself his heirs executors and administrators covenant with the said James Lomax and his assigns and the person or persons for the time being entitled as aforesaid in manner following that is to say that they the said John Mercer Robert Clayton Mercer and Joseph Haydock or one of them their or one of their executors administrators or assigns will during the said Term pay or cause to be paid unto the said James Lomax and his assigns during his Life and after his decease unto the person or persons for the time being entitled as aforesaid the said yearly rent of Sixty four pounds and ten shillings on the day or time hereinbefore appointed for the payment therof And also shall and will pay and discharge all rates taxes charges assessments and impositions whatsoever which now are or hereafter may be assessed charged imposed upon or become payable for or in respect of the said demised premises (the Landlords property Tax only excepted) And also shall and will from time to time and at all times during the said Term hereby granted well and sufficiently repair and maintain in good condition all the glass windows and the Lead and Wood work thereof Doors Shelves Fixtures Locks Keys Both Bars and other fastenings Racks and mangers belonging to the said farm house Cottage Barn Stable Shippon and outbuildings and all Gates Gateposts Gate Bars Irons pales and Rails belonging to the said demised premises and leave and deliver up the same respectively with all additions and improvements thereto in such good condition and repair at the end or other sooner determination of the said Term And also shall and will well and sufficiently repair support fence and cleanse all the hedges ditches fences ways waters watercourses drains walls and styles in upon or belonging to the said demised premises and at the end or other sooner determination of the said Term leave and yield up the same well and sufficiently fenced cleansed and repaired And also that they the said John Mercer Robert Clayton Mercer and Joseph Haydock their Executors administrators or assigns shall not nor will at any time or times during the said Term destroy the herbage of any part of land hereby demised nor pare plough or Convert into tillage any meadow or pasture ground without the license or consent of the said James Lomax or his assigns or the person or persons for the time being entitled as aforesaid in writing for that purpose first had and obtained And also shall not nor will without the consent of the said James Lomax at any time or times sell or dispose of or carry away any Hay Hay Grass or Fodder which shall at any time or times during the said Term grow or be produced from the said demised premises or any part thereof but shall and will spend and consume the same thereon And also shall and will yearly in the best season for the purpose load and carry all the dung manure and compost which shall arise upon the said premises to such part of the Land as may be most fit to receive the same and spread it thereon in a husbandlike manner and if at the end or other sooner determination of the said Term any such dung manure or compost shall remain unspread thereupon shall and will leave the same for the benefit of the said James Lomax or his assigns or the person or persons for the time being entitled as aforesaid or his or their succeeding Tenant or Tenants of the said premises without being paid for the same and in general shall and will cultivate use manure and manage the said farm and lands in a fair and proper manner according to the most approved course of husbandry and so that the same may be improved and not impoverished and at the end or other sooner determination of the said Term leave and yield up the same in a due and proper course of husbandry and cultivation and such as shall be consistent with the terms and restrictions aforesaid And also that they the said John Mercer Robert Clayton Mercer and Joseph Haydock their executors administrators or assigns shall not nor will at any time during the term hereby granted assign demise underlet or part with the possession of the said demised premises or any part thereof (except the Cottage) or permit the same to be taken in execution or any process without the license in writing of the said James Lomax or his assigns or the person or persons for the time being entitled as aforesaid for that purpose being first had and obtained And also that the said John Mercer Robert Clayton Mercer and Joseph Haydock their executors administrators or assigns shall not exercise or permit to be carried on the Trade of Beershopkeeper or any noisome or offensive trade whatsoever in the dwellinghouse Cottage or other buildings hereby demised And also that they the said John Mercer Robert Clayton Mercer and Joseph Haydock their executors administrators or assigns will from time to time and at any time during the said Term on receiving one calendar month's notice from the said James Lomax or his assigns or the person or persons for the time being entitled as aforesaid for that purpose quit and yield up to him or them on the expiration of such notice any part or parts of the said and hereby demised which shall be described in such notice to the intent that the said James Lomax and the person or persons for the time being entitled as aforesaid and his and their lessees or assigns may be enabled to build thereupon or lay the same out as and for any way or ways road or roads street or streets for his and their own use and convenience or for any other purpose whatsoever and will permit the said James Lomax or his assigns or the person or persons for the time being entitled as aforesaid and his and their lessees and assigns thenceforth to hold and enjoy the same land during the then remainder of the said Term he or they paying or allowing to the said John Mercer Robert Clayton Mercer and Joseph Haydock their executors administrators or assigns thenceforth during the remainder of the said Term the yearly sum of Two pounds sixteen shillings for every acre of the said land which shall be taken for the purposes aforesaid and in that proportion for any less quantity than an acre - Provided always that if the said rent hereby reserved shall be in arrear in the whole or in part for twenty one days next after the day whereon the same is hereby reserved to be paid as aforesaid and the same shall be demanded upon or at any time after the said twenty one days and shall not be paid when demanded or if the said John Mercer Robert Clayton Mercer and Joseph Haydock or either of them their or either of their executors administrators or assigns or any of them shall become Bankrupt or Bankrupts or take the benefit of any Act made or to be made for the relief of Insolvent debtors or compound with his or their Creditors for the payment of his or their debts or make any assignment of his or their personal estate or any part thereof for the benefit of his or their Creditors or if any Writ of execution shall be levied upon their or any of their Goods or Chattels for any debt or sum of money or if the said John Mercer Robert Clayton Mercer and Joseph Haydock their Executors administrators or assigns shall break or infringe all or either of the Covenants and agreement herein contained and which by them ought to be performed then and in any or either of the said cases it shall be lawful for the said James Lomax or his assigns or the person or persons for the time being entitled as aforesaid into and upon the said demised premises or any part or parts therein in the name of the whole to reenter and the same and every part thereof from thenceforth to have again repossess and enjoy as in his or their first or former Estate and the said John Mercer Robert Clayton Mercer and Joseph Haydock their executors administrators and assigns and all other the occupiers thereof [ ] to expel put out and remove therefrom anything in these presents contained to the contrary therein anywise not withstanding And the said James Lomax doth hereby for himself his heirs executors and administrators covenant promise and agree to and with the said John Mercer Robert Clayton Mercer and Joseph Haydock their executors and administrators and assigns as followeth that is to say that it shall be lawful for the said John Mercer Robert Clayton Mercer and Joseph Haydock their executors administrators and assigns to have the use of the said barn stable shippon and other buildings until the twelfth day of May next after the end of the said term for consuming the last year's Crop of Hay And further that they the said John Mercer Robert Clayton Mercer and Joseph Haydock their executors administrators and assigns duly paying observing and performing the rents covenants and agreements thereinbefore reserved and contained and on his and their parts to be paid observed and performed shall and lawfully may hold use occupy and enjoy the said premises herby demised or intended so to be and every part of the same for and during the Term of Eleven years hereby granted without any let suit trouble eviction or disturbance from or by the said James Lomax or the person or persons entitled in remainder or reversion as aforesaid or any person or persons whomsoever lawfully or equitably claiming or to claim by from or under him or them In Witness whereof the said parties hereto have hereunto set their hands and seals the day and year first before written.

John Mercer Joseph Haydock Robert Clayton Mercer