1873 Bevendean Farm Lease

Dated 21 August 1866

Chas Beard Esq.

To

Messrs George Wood & Edwin Weller

Lease

Dated 29 April 1872

Mr Edwin Weller to Mr George Wood

Release and Assignment of individual moiety in Leasehold premises New Barn Farm in Keymer

MEMORANDUM It is hereby understood and agreed by and between the within named Charles Beard and the within named George Wood and Edwin Weller that the following shall form and be considered as part of the within Lease videlicet That in consideration of the said Charles Beard having accepted and taken of the said George Wood and Edwin Weller the sum of Five hundred and fifty pounds as the valuation of the Tenant's rights of the within mentioned Farm although the amount thereof is settled by Mr William Kensett of Ditchling the referee was Six hundred and sixty pounds and four shillings and which some was paid by the said Charles Beard to Charles Gander and Jesse Gander the late Tenants It is hereby understood and agreed by and between the said parties hereto that the amount to be paid to us the said George Wood and Edwin Weller as the Tenants Valuation on the said Farm in an quitting possession shall not exceed the sum of Five Hundred and Fifty pounds Witness our hands this day of January One thousand eight hundred and sixty seven.

Witnesses: Nathan Lade

Chas Beard

George Wood

Edwin Weller

This Indenture made the twenty first day of August one thousand eight hundred and sixty six Between Charles Beard of Rottingdean in the County of Sussex Gentleman of the first and George Wood of No. 91 St James Street Brighton in the said County Fruiterer and Edwin Weller of No. Bedford Street Brighton Dairyman of the other part Witnesseth, that the said Charles Beard in consideration of the yearly rent hereinafter reserved and of the covenants on the part of the said George Wood and Edwin Weller their executed as administrators hereafter contained Both demise lease and to farm let unto the said George wood and Edwin Weller

All that Cottage in two tenements with the Barn Stable Granary and other Buildings thereto belonging And also all that farm and lands situated in the parish of Falmer in the said County called the new barn farm and containing by estimation Two hundred and Fifty acres more or less and being the Eastern portion of the Bevendean Farm as the same now in the occupation of Messieurs Charles Gander and Jesse Gander And all ways casements and appurtenances whatsoever to the said premises belonging or appertaining (Except and always reserved out of the demise and lease all Royalties and all Mines Metals there and Stone with full liberty to fell cut dig and carry away the same doing no wilful damage And also with full liberty of the said Charles Beard and his heirs and assigns and all persons authorised by him or them to hunt and shoot thereon and take the game therefrom And also free liberty to enter upon the said demised premises to examine the state and condition thereof and to do any repairs thereto

To Have and To Hold the same unto the said George Wood and a Edwin Weller their executors and administrators from the Twenty Ninth day of September next for the term of 14 years from thence next ensuing and fully to can be complete and ended Yielding and Paying therefore yearly and every year during the said term the rent or sum of Two Hundred and Twenty Five Pounds sterling by two equal half yearly payments on the 25th day of March and the 29th day of September Also the said George Wood and Edwin Weller do hereby for themselves severally and respectively and for their several and respective heirs executors and administrators covenant with the said Charles Beard his heirs and assigns in manner following (that is to say) to pay the said yearly rent of £225 on the days and times and in manner hereinbefore appointed for payment thereof To pay and discharge all Tithes and Rent Charge in lieu of Tithes and all Rates Taxes and assignments whatsoever which now are or during the continuance of the said term shall be assessed or imposed upon the said premises (the Land Tax and Landlords part of the property Tax only exempted) To crop cultivate manage and use the said premises in a good and husbandlike manner according to the custom of the Country and To keep the same clean and in good heart and condition to keep and at the expiration of the said term to leave the said Cottage Barn Stable Buildings and Fences on the said demised premises in good and tenantable repair (casualties by fire or storm only exempted) and to find all the materials for that purpose and do the carriage thereof And that it shall be lawful for the said Charles Beard his heirs and assigns either alone or with workmen at all reasonable times of the day to enter upon the said premises to view the state and condition of the repairs thereof and in case any wants or defect of reparation shall be found the said George Wood and Edwin Weller hereby agree upon notice thereof in writing being given to or left for them or either of them on the said premises to forthwith to put the same into good and tenantable repair And in case the said George Wood and Edwin Weller or their executors or administrators shall refuse or neglect for the space of three calendar months next after such notice shall be given to them as aforesaid to do any of the repairs or other things here before covenanted to be done

By them it shall be lawful for the said Charles Beard his heirs or assigns to employ such workmen and labourers as he or they shall think proper to do such repairs and to destrain or sue for and recover the charges thereof in the same manner as the yearly rent hereby reserved may be destrained or sued for and recovered when in arrears Not to assign or under let the said premises or any part thereof nor permit the same to be occupied by any other person or persons whomsoever (except the cottages to labourers) without the consent in writing of the said Charles Beard his heirs or assigns first had and obtained under the penalty of fifty pounds Not to break up or convert into tillage any of the pasture or downland in and about the said Farm Buildings and premises which is now stumped and contains by estimation fifteen acres or thereabouts without such consent as aforesaid under the penalty of twenty pounds an acre and so in proportion for any greater or lesser quantity

To commit and suffer the said George Wood and Edwin Weller to dig up and convert into tillage for garden purposes any portion of the pasture or Downland situated near to or adjoining the said fifteen acres hereinbefore agreed to be left as pasture or downland as now stumped out not to exceed ten acres Not to carry off from the said premises or any part thereof any Hay Straw Corn in the Straw Stubble Haulm Fodder Muck Dung Compost or Silage that shall grow arise or be made their and under the penalty of twenty pounds per load except that the said George Wood and Edwin Weller their executors or any administrators are to be at liberty to carry off Hay or Straw upon condition of bringing on and expending upon some parts thereof in the same year a fair quantity of manure as an equivalent Not to so more than two white crops in succession nor sow any wheat without well and properly manuring the same

Not to mow any of the meadow or pastureland more than once in a year and at the usual time of mowing And in the last year of the said term to leave a fair and reasonable proportion of the arable land in proper cultivation and preparation for a wheat season for the next year

And also to sow roll and harrow in seeds with any of the corn if so directed by the said Charles Beard or his heirs or assigns or the next succeeding tenant on being paid for the same as hereinafter mentioned and which seeds are to be depastured with sheep or lambs only and those not later than the first day of September

AND the said Charles Beard for himself and his heirs and assigns hereby covenant and agree with the said George Wood and Edwin Weller and their executors administrators and assigns in manner following (that is to say) to pay the Land Tax and Landlords part of the property Tax charged or imposed on the said premises And also to permit the said George Wood and Edwin Weller their executors or administrators until the first day of May next after the exploration of the said term to have the use of the Barn Granary and Ricksteddles for the purpose of laying up and threshing out their Corn and pulse

And it is hereby mutually agreed between the said parties hereto that at the expiration of the said term the said Charles Beard his heirs or assigns or the next succeeding tenant is and are to have all the Straw Chaff Haulm and Fodder arising from the Corn Grain and Pulse grown upon the said demised premises in the last year of the said term on paying for threshing and carrying the same to market within seven miles

And is and are to pay for all the Hay grown in the last year of the said Term at a feeding price for all the grass which shall then be on the said premises and for all Dung Compost Lime or other Manure from which no crop shall have been taken and the Carriage thereof and for half mendments of lime and for all seeds that shall have been sowed and harrowed in by the said George Wood and Edwin Weller their executors administrators or assign and for the following ploughing sewing and preparation of the arable land is agreed to be left for wheat season and for all such other matters and things as shall have been paid for by the said George wood and Edwin Weller on their entering and taking possession of the said premises according to the valuation of two impartial persons to be chosen by the said parties respectively or in case of their disagreement according to the valuation of an umpire to be chosen by them previously to their entry upon such valuation (except only at the valuation upon the land so intended to be set apart from garden purposes as aforesaid is not to exceed the sum of fifty pounds) from the amount of which valuation any sum or sums of money that may be due to the said Charles Beard or his heirs or signs in respect of any breach or non-performance of any covenant or agreement herein contained on the part of the said George wood and Edwin Weller is and are to be deducted

Provided always and it is hereby mutually agreed and declared by and between the said parties hereto that if the said Charles Beard or his heirs or assigns shall at any time during the continuance of this demise be desirous of resuming and taking possession of the piece of Land part of the said demised premises abutting to Land now in the occupation of Mr James Hodson on the East and to the road leading from Rottingdean to Falmer on the West and containing by estimation three acres more or less and also of any other portion of the said demised premises not exceeding in quantity three acres (but which said last mentioned Land is not to include any portion of the ten acres intended to be set apart for garden purposes as aforesaid) it shall be lawful for him or them so to do and to determine the tenancy with respect thereto if he or they shall give to the said George Wood and Edwin Weller or there executors or administrators six calendar months' notice in writing to quit the same in which case an abatement of Two pounds an acre shall be made in the yearly rent hereby reserved and also such allowance with respect of the land resumed as a quitting tenant would be entitled to under the covenants hereinbefore contained on the determination of the demise hereby created as shall be settled by two impartial persons one to be chosen by each party or in case of their disagreement according to the valuation of an umpire to be chosen by them

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

"Signed sealed and delivered by the above named Charles beard in the presence of John Lewis of Lewes

Date stamp: - 30 April 1972"

In margin: We assent to the assignment of the 29th day of April 1872 to Mr George Wood; signed by Steyning Beard and G. H. Beard

This Indenture made the 29th day of April 1872 Between the with the named Edwin Weller of the one part and the within named George Wood of the other part whereas the said George Wood hath agreed with the said Edwin Weller for the purchase of the share and interest of the said Edwin Weller in the hereditaments and premises comprised in the within written indenture for the sum of Five pounds Now this indenture witnesses that in pursuance of the said agreement and in consideration of Five pounds sterling by the said George Wood to the said Edwin Weller paid this receipt whereof the said Edwin Weller doth hereby acknowledge He the said Edwin Weller doth release and also assign unto the said George Wood his executors administrators and assigns All the undivided half part and other the Estate term and interest of him the said Edwin Weller of and in All that the cottage in buildings farm and lands and premises comprised in the within written Indenture of Lease Together with all and every the rights members and apportionment's whatsoever thereof belonging or appertaining To have and to hold the said half part or share and other estate and interest of and in the said premises thereby assigned with the said George Wood his executors administrators and assigns henceforth for all the residue of the within mentioned term of Fourteen years granted by the within written Indenture at the yearly rent with the other or remaining half part of and in the same premises is of Two hundred and twenty five pounds within reserved and subject to the covenants provisos and adjustments within contained on the part of the Lessee their executors administrators or assigns to be performed

And the said Edwin Weller for himself his heirs executors administrators doth hereby covenant with the said George Wood his executors administrators and assigns That notwithstanding anything by him the said Edwin Weller done or permitted the within written Indenture of Lease so far as regards the half part or share of him the said Edwin Weller hereby assigned is now a valid and subsisting Lease and he the said Edwin Weller has good right and authority to release and assign the said undivided half part or share in the said premises unto the said George Wood his executors administrators and assigns in manner aforesaid and that subject to the payment of the said rent and the performance of the said covenants provisions and agreements in respect of the entirety of the said premises on the part of the Lessees henceforth to be paid performed and observed it shall be lawful for the said George Wood his executors administrators and assigns peaceably and quietly to enjoy the said half part or share and all singular the premises hereby released and assigned during all the residue of the said term of Fourteen years without any interruption by the said Edwin Weller or any person claiming under him and that free from all charges and incumbents is whatsoever created or permitted by him the said Edwin Weller and further that he the said Edwin Weller and every fellow claiming through him will at any time hereafter at the request and costs of the said George Wood his executors administrators or assigns do and execute all such further acts and assurances as may be reasonably required for the better assignment to him and them the undivided half part or share for all the residue of the said term of Fourteen years

And the said George Wood for himself his heirs executors administrators doth hereby covenants with the said Edwin Weller his executors administrators that he the said George Wood will from time to time during the residue of the said term of Fourteen years pay the rent and perform the lessees covenants contained in the within written Indenture of Lease not only as regards the said undivided half part or share but as to the entirety of the said premises and will at all times hereafter indemnify the said Edwin Weller his heirs executors administrators from all losses damages and expenses in respect thereof In Witnesseth whereof the said parties to these presents have here to set their hands and seals the day and year first before written

Received as within mentioned the sum of Five pounds Witness: Edwin Weller

Signed sealed and delivered by the above named Edwin Weller in the presence of A. Helman