1. William Townsend, city of Bath, c. Somerset, Silversmith and Builder (against who a commission of Bankruptcy has been awarded and issued) 2. Thomas Townsend, city of Bath, Silversmith and John Townsend, p. Bathwick, Victualler and Builder, Dealers and Copartners (against whom a commission of Bankruptcy has been awarded and issued) 3. Robert Clement, city of Bath, Banker, and William Matthews, city of Bath, Gent., Assignees of the several estates of the said William Townsend, and also of the said Thomas Townsend and John Townsend, and also of the said Richard Hewlett, dec'd., late of Walcot, Builder (against who a commission of Bankruptcy had been awarded and issued) 4. John Sartain James, city of Bristol, Gent. 5. Rev. Samuel james of Radstock, c. Somerset, Clerk
Reciting: Lease and Release, 25-26 June 1792 1. Edward Bushell Collibee, p. Lyncombe and Widcombe, c. Somerset, Esq. 2. William Townsend, and John Townsend, city of Bath, Silversmiths, and Richard Hewlett, p. Walcot, Builder 3. Thomas Townsend, a trustee for 2. 2 closes of pasture ground adjoining together and commonly called the Furlong, one being 6a. the other 10a., situate in p. Walcot, bounded on the east by meadow ground formerly of George Clarke, Gent., but now of Edward Clarke, Esq., on the west by a land formerly occupied by Thomas Hill and lately belonging to and in possession of Henry Fisher, late of Walcot, Gent., dec'd., but now of his representatives, on the south by lands formerly of John Skrine and Arthur Cottle but now partly of James Hooper of Shockerwick, c. Somerset, and partly of Mrs Rebecca Loftus, and on the north by the highway or turnpike road from Bath to Batheaston. Which said closes were theretofore the inheritance of Richard Bushell, Gent., and afterward of Ann Bushell, Widow, and since and for a great number of years then last past of the said Edward Bushell Collibee, and were then and had been for many years in possession of William Townsend as tenant to Edward Bushell Collibee. From 1. to 3. in trust for 2. Consideration: £250 p.a.
Reciting: Mortgage, 29 September 1792 [as recited in 0602/2] Reciting: 0602/2
Reciting: Mortgage by Demise, 2 January 1795 1. John Townsend 2. Thomas Townsend 3. Robert Clement Whereas by reason of the conveying and granting out of part of the premises conveyed by Edward Bushell Collibee yearly rents had been reserved amounting together to the sum of £250, which had been duly conveyed to the said Edward Bushell Collibee, the remainder of the said closes were then totally exempt and discharged therefrom. Whereas Robert Clement had been long in the habit of lending cash on notes of hand to which John Townsend affixed his name, and by reason whereof John Townsend became liable for the repayment thereof. And that there was on the day of the now reciting indenture a considerable sum due and owing to the said Robert Clement from john Townsend. And John townsend had proposed giving Robert Clement security for the repayment of the said debts and agreed to assign and convey to Robert Clement (amongst other premises) his 1/3 part or share in the several closes of ground aforesaid, except those parts that had been granted out for building, and also his 1/3 share in ground rents issuing out of the said closes of land so granted for building (except the £250 transfered to Edward Bushell Collibee). 1/3 part or share of and in the premises as hereinbefore recited, from 1. and 2. to 3., and 1/3 part or share of fee farm rents secured by several assignments and leases (except those amounting to £250 and transfered to Edward Bushell Collibee), subject to a provisoe for redemption upon payment of all unpaid notes and bills then in the possession of Robert Clement.
Whereas a commission of Bankruptcy was awarded against William Townsend on 8 December 1795, and another commission of Bankruptcy was awarded against John Townsend and Thomas Townsend also on 8 December 1795. Whereas Robert Clement and William Matthews were appointed as Assigness of William Townsend, John Townsend and Thomas Townsend, and Richard Hewlett, and therefore became seized of the who;le of the said property in trust for themselves and the other creditors of William Townsend, John Townsend, Thomas Townsend and Richard Hewlett. Whereas Samuel James being dissatisfied with the security of the several closes of ground now in Mortgage to him for payment of the sum of £3000 and interest, had resolved and determined to foreclose all the estate, right, and equity of redemption which all or any of the parties hereto had in the said mortgaged properties. Robert Clement and William Matthews conceiving that to be a measure that would be highly injourous to the intrests of the several estates and prejudicial to the private interest of Robert Clement in right of his Mortgage, proposed to Samuel james that if he desisted in his foreclosure they would demise to him all the premises now mortgaged to him for a term of 1000 years which would considerably increase the estate and interest of him the said Samuel james in the said premises without injury to the intrest of the said Robert Clement and William Matthews, to which Samuel james has agreed. the several creditors of the Bankrupts also agreeing.
premises as hereinbefore recited to Samuel James for a further term of 950 years after the expiration of a term of 50 years so granted to John Sartain James, and groundrents issuing out of the same. Subject to a proviso for redemption upon payment of the debt of £4000.
Consideration: a peppercorn p.a. if demanded and 5s apiece.
