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A59362 A Settlement of the mines, late of Sir Carbery Pryse whereby the old lease thereof is renewed and a better constitution established in order to raise a stock of twenty thousand pounds for the effectual carrying on the said mineral works. Mackworth, Humphrey, Sir, 1657-1727. 1698 (1698) Wing S2734; ESTC R30137 35,241 19

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Intituled to Thirty Shares the said Samuel Trotman hath and is Intituled to Ten Shares the said William Nicholas hath and is Intituled to Twenty Shares the said Joseph Short hath and is Intituled to Twenty Shares the said Richard Stephens hath and is Intituled to Twenty Shares The said George London hath and is Intituled to Thirty Shares the said Henry Simons hath and is Intituled to Twenty Shares the said Henry Grove hath and is Intituled to Five Shares the said John Woodhouse hath and is Intituled to Twelve Shares the said John Oldbury hath and is Intituled to One hundred and fifty Shares the said Thomas Phipps hath and is Intituled to Eighty-two Shares the said Paul Dominique hath and is Intituled to Thirty Shares the said Whitfeild Hayter hath and is Intituled to Two Hundred and Fifty Shares the said Anthony Forty hath and is Intituled to Twenty Shares the said William Wolley hath and is Intituled to Sixty Shares the said Thomas Phipps Junior hath and is Intituled to Twenty Shares the said Richard Chancey hath and is Intituled to Twenty Shares the said Richard Curtis hath and is Intituled to Twenty Shares the said Thomas Frederick hath and is Intituled to Forty Shares the said Gabriel Glover hath and is Intituled to Sixty Shares the said John Glover hath and is Intituled to Fifteen Shares the said Thomas Jeve hath and is Intituled to Twenty Shares the said John Thrale hath and is Intituled to Thirty Shares the said Nathaniel Troughton hath and is Intituled to Sixty Shares the said John Newland hath and is Intituled to Ten Shares the said John Preston hath and is Intituled to Ten Shares the said Edward Grace hath and is Intituled to Ten Shares the said John Hayward hath and is Intituled to Three Shares the said James Hallett hath and is Intituled to Sixty Shares the said Thomas Houghton hath and is Intituled to Two Shares the said Benjamin Rawlins hath and is Intituled to Twenty Shares the said William Stubbs hath and is Intituled to Ten Shares and the said Christopher Smith hath and is Intituled to Five Shares as by the said Transfer-Book relation being thereunto had may more fully and at large appear The Causes that obstructed the working of the Mines And whereas the said Mines have hitherto been unprofitable to the Owners for want of a Stock and of a good Constitution for the Management thereof and by reason of unhappy Differences and Law-Suits amongst the Partners and Five Years of the said Term granted by the said Sir Carbery Pryse is expired and considerable Sums of Money are owing to several Officers Agents and Stewards Miners and Labourers and to several other Person and Persons and are chargeable upon the said Mines All which hath hitherto discouraged the Partners from raising of a Stock And forasmuch as the said Partners do now labour under great Difficulties and Disadvantages in these and other respects For removing of all which Obstructions and for raising a Stock of 20000 l And whereas the said Sir Humphrey Mackworth taking the Premises into Serious Consideration and to the end that the said Mineral Works may be set on work and carried on to the best Advantage hath acquainted the said Partners that within six Days after the Execution of these Presents whereby it is intended the said Trustees and Partners shall Assign and Transfer the said Mines and Premises unto the said Sir Joseph Herne Sir William Hedges Sir Thomas Vernon and Thomas Pit for and during the residue of the said Term of Two and twenty Years and an Half yet to come and unexpired under the Trust and Management herein after mentioned and expressed He Sir Humphrey Mackworth undertakes within six days after the Execution of these Presents to propose an Expedient the said Sir Humphrey Mackworth will propose and open to the said present Partners an Expedient for clearing all the Debts wherewith the said Mines now stand charged and for raising the Sum of Twenty thousand Pounds for a Stock for carrying on the Working of the said Mines without any Premium or Repayment of either Principal or Interest and for paying or securing to such of the said Partners as shall be unwilling again to become Advenuturers with the said Sir Humphrey Mackworth under such Proposals as he shall make the Sum of Twenty Pounds for every Share they now respectively have in the said Mines The Advantages thereof And for as much as it is intended that the said Partners and their Assignees who shall become Adventurers with the said Sir Humphrey Mackworth under such Proposal as he shall make shall be thereby delivered from an Arbitrary Management of the said Mines and have the Benefit of an equal and fair Constitution And also have Five Years added to their Term which is computed by the present Steward of the said Mines to be worth in Reversion after the Expiration of the said Term in being several Hundred thousand Pounds And whereas it is thereby intended That a Stock of Twenty Thousand Pounds clear of all Debts paid and discharged shall be raised whereby the Interest of the said Mines and Premises will be advanced to Five times the Value they were before The Consideration And forasmuch as the said Sir Humphrey Mackworth doth not require or insist upon any other Consideration for the Premises but only liberty of distributing a moderate Share thereof to Charitable Uses whereof One Moiety will issue out of his own and Friends Interest and Shares as an Humble Acknowledgment to Almighty God for the Great and Wonderful Deliverance of him and his Friends at Sea All which is held reasonable by all the said Partners The Intent of these Presents To the end therefore that the said Proposal may be put in Execution all Differences between the said Partners be composed all Debts and Salaries paid and discharged a Stock of Twenty Thousand Pound raised and the said Sir Humphrey Mackworth enabled to establish and settle the several Charities herein and in the said intended Proposal to be mentioned and set forth Now this Indenture witnesseth c. Now this Inventure witnesseth That the said Thomas Done Richard Hore Robert Fowles and Nicholas Baker who are the surviving Trustees in the said last recited Indenture mentioned by the Directions and by and with the Consent of all the said Parties above-mentioned and of the Chair-Man and Committee for the management of the said Mines as aforesaid Testified by their being Parties to these Presents And they the said Partners and every of them as far as in him and them lies and for and in Consideration of the Sum of Five Shillings to them and every of them in Hand paid the Receipt whereof they and every of them do hereby acknowledge The Old Trustees and Partners assign over to the New Trustees have Given Granted Assigned Transferred and Set over and by these Presents do Give Grant Assign Transfer and Set over unto the said Sir Joseph Herne Sir
William Hedges Sir Thomas Vernon and Thomas Pit All and Singular the said Mines Ores Minerals and Premises and all the Liberties Authorities and Privileges and all other things thereunto belonging And also all Houses and Buildings Tenements Hereditaments Engines Iron Chests Materials and Utensils whatsoever belonging to used or imployed in or about the said Mines and Undertaking and all other the Premises aforesaid and all and every of their Estate Right Title and Interest Property Claim and Demand whatsoever both at Law and in Equity of into or out of the same hereby above Granted Bargained Transferred or Assigned Premises with the Appurtenances or meant mentioned or intended to be hereby Granted Bargained Transferred and Assigned as aforesaid To have and to hold all and singular the said Mines Ores Minerals and Premises with the Appurtenances unto the said Sir Joseph Herne Sir William Hedges Sir Thomas Vernon and Thomas Pitt their Executors Administrators and Assigns for and during all the rest and residue of the said Term of Twenty Two Years and an half yet to come and unexpired under the Trusts Conditions and Limitations and to the several Uses Intents and Purposes herein after mentioned and set forth Edw. Pryse Grants a farther Term of Five Years to the new Trustees And the said Edward Pryse for and in Consideration of the Sum of Five Shillings to him in Hand paid the Receipt whereof he doth hereby acknowledge and for divers other good Causes and valuable Considerations him thereunto moving and by and with the Directions and Consent of the said Sir Humphrey Mackworth testified by his being a party to these Presents hath Given Granted Assigned Transferred and Set over and by these Presents doth Give Grant Assign Transfer and Set over unto the said Sir Joseph Herne Sir William Hedges Sir Thomas Vernon and Thomas Pitt their Executors Administrators and Assigns All and singular the said Mines Oars Minerals and Premises hereby Granted Transferred and Assigned or Meant Mentioned or Intended to be hereby Granted Transferred and Assigned with the Appurtenances unto the said Sir Joseph Herne Sir William Hedges Sir Thomas Vernon and Thomas Pitt their Executors Administrators and Assigns for and during the further Term of Five Years to Commence immediately from and after the End or other Determination of the said Term of Twenty Two Years and an half above mentioned and fully to be compleat and ended under the several and respective Trusts and Confidences and under the several Conditions and Limitations and to the several Uses Intents and Purposes herein after set forth And it is hereby Declared and Agreed by and between all the said Parties to these Presents That in case the said Proposal to be made by the said Sir Humphrey Mackworth shall be accepted by the Partners or any of them and they or any of them shall become Adventurers with the said Sir Humphrey Mackworth in such Proposal to be made and the same shall take Effect The Beginning of the New Constitution for the Management of the Mines That then for the more certain Regulation and for the quiet and better Management and Government of the said Mines Stock and Premises and of all other Matters and Things relating to the same and to the Intent that no Difference may hereafter arise amongst the Persons who shall be interested in the said Mines Stock and Premises the same from time to time shall be Managed Ordered and Governed during the said Term of Twenty Two Years and an half and the said further Term of Five Years by the Proprietors thereof and their Assigns who shall be Intituled to the Premises above-mentioned in such General Meetings By General Meetings Grand Committees and Private Committees or Courts Particular Meetings or Grand Committees Private Meetings or Select Committees and under such Conditions and Restrictions and in such Manner and Form as is herein after set forth and declared that is to say And first it is Declared and Agreed by and between all the said Parties to these Presents That the most Noble his Grace the Duke of Leeds shall and may and is hereby humbly desired to Preside and be Governor and Chairman of the said Company His Grace the Duke of Leeds Governor of the Company of and in all the said General Meetings Grand Committees and Select Committees herein mentioned for and during the said several Terms of Years above mentioned in Case his Grace the said Duke of Leeds shall happen so long to live And from and after his Decease Sir Humphrey Mackworth Deputy to his Grace That then the said Sir Humphrey Mackworth shall and may Preside and be Chairman of and in the said several Meetings during the said Terms of Years above-mentioned in Case he shall happen so long to live And also that the said Sir Humphrey Mackworth shall and may in the mean time and in the Absence of his Grace the said Duke of Leeds be Deputy Chairman of and in the said several Meetings and Committees aforesaid Every Person who hath Three Shares hath One Vote in a General Meeting for and during the Natural Life of his Grace the said Duke of Leeds And farther That such Persons who shall be Proprietors of or Intituled to Three Shares or more of the said Stock Mines and Premises or the Profits or Proceeds thereof as aforesaid shall and may at such Time and Place as the said Chair-Man for the Time being shall appoint within the Space of Twenty Days next after the said Proposal shall be made accomplished and take Effect Either by himself or by his Deputy or Proxy but No Person is to have more than One Vote tho' he hath ever so many Shares and at such other Time and Times Place and Places as is herein after mentioned and directed either by themselves or their Deputy or Proxy thereunto sufficiently Authorized under their Respective Hands and Seals generally Assemble and meet together by Ten of the Clock in the Morning and then and there by Plurality of Votes that is to say every Person who shall have Three Shares shall have One Vote and no Person whatsoever shall have above one Vote tho' he shall have ever so many Shares except the Chair-Man for the time being Except the Chair-Man by his casting Vote or his Deputy as aforesaid who shall have a casting Vote if occasion be over and above his own single Vote as aforesaid In the Absence of his Grace and Sir H. Mackworth the Chair-Man is to be Elected They the said Proprietors shall and may in the Absence of the said most Noble his Grace the Duke of Leeds and the said Sir Humphrey Mackworth Elect and Constitute one of the said Proprietors having Twenty or more Shares in his own Right to be Chair-Man of the said General Meeting for the Time being a And one Person to be Book-keeper and Cash-keeper And afterwards shall and may Elect and Constitute one Person to be Book-Keeper and