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Indenture re property between William Williams of Abersychan & Roger Williams of Beech Farm, 1846

This Indenture made the second day of May // One thousand eight hundred and forty six Between William Williams of the Abersychan in the county of Monmouth, Labourer, of the one part, and Roger Williams of Beach Farm, Glascoed, in the said county, of the other part.

Whereas the said William Williams is indebted to the said Roger Williams in the sum of forty eight pounds, fifteen shillings and six pence for monies already lent, and advances to the said William Williams , and which to the said William Williams doth hereby admit and acknowledge.

Now this Indenture witnesseth that in consideration of the covenant hereinafter contained on the part of the said Roger Williams, and for better securing to him the payment of the said sum of forty eight pounds fifteen shillings and six pence and interest thereon and hereinafter mentioned , he the said William Williams Hath  bargained, sold and asigned, and by these presents Doth bargain, sell and assign unto the said Roger Williams, his executors, administrators and assigns All and every the household Goods, furniture and other chattles and effects which are now standing and being in and about the dwelling house, outhouses and premises situate at Abersychan aforesaid in the occupation of Henry Williams, son of the said William WilliamsAndall the right title property claim and demand of the said William Williams and to the said goods and other articles, chattels and premises and every part and parcel thereof To have, take, receive and enjoy the Goods, chattels and premises hereby assigned or expressed and intended so to be unto the said Roger Williams, his executors, administrators and assigns as his and their own property and effects.

Provided nevertheless that in case the said William Williams, his executors or administrators shall well and truly pay or cause to be paid to the said Roger Williams, his executors, administrators or assigns, the said sum of forty eight pounds, fifteen shillings and six pence on the second day of August next, or at such earlier day or time as the said Roger Williams, his executors, administrators or assigns shall appoint for payment thereof, in and by a notice in writing to be given to the said William Williams, his executors, administrators or left at is or their usual or last place of abode at least one week before the day or time so to be appointed for payment as aforesaid, and do and shall in the mean time until the repayment of the said sum of forty eight pounds, fifteen shillings and six pence at either of the periods aforesaid, will and truly pay or cause to be paid unto the said Roger Williams, his executors or assigns, interest thereon at the rate of five pounds per centum per annum by equal half yearly payments on the second (symbol) day of Novemver and second (symbol) day of May in every year, and also a proportional part of such interest for the fractional period of a half year which shal elapse between the last half yearly day of payment and the expiration of the notice so to be given to the said Roger Williams, his executors, administrators or assigns for the payment of the said principal sum of forty eight pounds, fifteen shillings and six pence as aforesaid such proportional part to be paid immediately upon the expiration of such notice and such several payments as aforesaid to be made without any deduction or abatement whatsoever. Then and in such case these presents and every article, clause and thing herein contained shall cease, (determine?) and be absolutely void, anything hereinbefore contined to the contrary notwithstanding.

And it is hereby also declared and agreed that after default shall be made by the said William Williams, his executors or administrators in payment of the said sum of forty eight pounds, fifteen shillings and six pence and interest of any part thereof, contrary to the tenor and effect of the before mentioned proviso and in respect of the said interest, after notice shall have been given by the said Roger Williams, his executors, administrators or assigns, or left for him or them at his or their usual place or places of abode, requiring the payment of such interest then, and in such case it shall be lawful for the said Roger Williams, his executors, administrators or assigns peaceably and quietly to receive and take into his and their posession, and thenceforth to enjoy all and every, the goods, chattels and premises hereby assigned or intended so to be.

And also to sell and dispose of the same and every part thereof for such price or prices as can be reasonably had or gotton for the same, and to receive and take the monies to arise by such thereof, and thereby and therewith in the first place to retain to and reimburse himself and themselves, the said Roger Williams, his executors, administrators or assigns all costs, charges and expences which they any or either of them may incur or be put unto in and about making any such sale or sales, and also in and about the receipt and recovery of the said sum of forty eight pounds, fifteen shillings and six penceand interest respectively and in the place to retain to and reimburse himself and themselves the said Roger Williams, his executors, administrators or assigns the said sum of forty eight pounds, fifteen shillings and six pence and the interest thereon, or so much and such part thereof as shall then remain unpaid and unsatisfied, and from and after full payment and satisfaction of such costs, charges and expences sum and sums of money as aforesaid to render to and account for the surplus (if any) of the money arising from such sale or sales as aforesaid unto the said William Williams, his executors, administrators and assigns.

And it is hereby declared and agreed that until default shall be made in payment of the said principal sum of forty eight pounds, fifteen shillings and six pence at the day or time hereinbefore appointed for payment thereof, contrary to the tenor and effect of the proviso hereinbefore contained, or until default shall be made in payment of the interest of the said principal sum or some part thereof on some or one of the days or times hereinbefore appointed for payment thereof, contrary to the same proviso and until in respect of the said interest notice shall be given by the said Roger Williams, his executors, administrators or assigns unto the said William Williams, his executors or administrators, or left for him or them at his or their usual place or places of abode requiring the payment of such interest it shall be lawful for the said William Williams, his executors or administrators to hold, make use of and possess the said goods, chattels and premises hereby assigned, or intended so to be without any manner of hindrance or disturbance of or by him, the said Roger Williams, his executors, administrators or assigns.

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

                                     Roger

William   Williams       his mark X and seal

                                      Williams