Volume 75, p201
Dated 6th December 1843
Lease and Conveyance
Registered 20th Jany, 1858 at One O'Clock PM on the oaths of John W Crosby John Holm ? McCarragher ? ? Asst Regr.
This Indenture made the Sixth day of December in the year of Our Lord One thousand eight hunbdred and forty three BETWEEN David Stewart of ? ? Street in the Parish of Bloomburg in the County of Middlesex Esquire by Henry Douglas Morpeth and Peter Emery Esquires of Prince Edward Island, his Attorney's lawfully constituted and appointed for the purpose of the presents of the one part, and James Duffy of Lot number Thirty of the said Island of the other part. WITNESSETH that for and in consideration of the yearly rents, covenants and provisions here in after mentioned ? and contained in the part and behalf of the said James Duffy, his executors, administrators and assigns to be paid, kept, done and performed, the said David Stewart hath granted, demised, leased, ?, and to farm? letter and by these presents Doth grant, demise, lease,? and to farm lot unto the said James Duffy his executors, administrators and assigns. ALL THAT TRACT, piece, or parcel of Land situated lying and being in Township number Thirty aforesaid in the Parish of Hillsborough and in the County of Queens County commencing at a square post fixed in the East boundary of fifty acres of land in possession of Edward McCarragher thence by a line running North for the difference of One hundred chains from the North side of the Northern road leading from Crapaud to Charlottetown, thence South twenty seven degrees East, a distance of six chains and fifty links East, thence South one hundred chains to the said road, thence following the course of the aforesaid road northwestwardly to the place of commencement agreeable to the Plan of the same in the margin of these presents, containing by ? measurements sixty five acres, ? ? ? little more or less together with all buildings, woods, underwoods, ways, waters, watercourses, profits, ? and appurtenances what-so-ever to the said demised premises belonging or in any wise appertaining (except all Timber Trees which are only to be felled by the said James Duffy, his heirs, executors, administrators and assigns, as the land is cleared, and for Timber to be used for building purposes on the said premises and saving and excepting to the said David Stewart his heirs, executors, administrators and assigns the ? and rights of making or consenting to the making through or over the said premises hereby demised and tram rail or wagon roads, canals, towing, ?, tunnels, drains, watercourses, banks, buildings, locks, ponds, dams, weirs, and other similar works and conveniences paying to the said James Duffy his heirs, executors, administrators and assigns , such damages as he or they may thereby sustain and the fair value of the Land so taken at the same rate per acres so the rest of the farm is let at per acres, the damages to be ascertained by Arbitrators ? ? chosen, or their Umpire in the usual manner, who shall on ascertaining the damages take into consideration any improvements the said James Duffy may ? provisionally made on the land taken for such Roads, buildings and works.) TO HAVE and TO HOLD the said piece or parcel of ground and premises hereby demised with the appurtenances unto the said James Duffy, his heirs, executors, administrators, and assigns from the Twentieth day of November One thousand eight hundred and forty-two for and during and unto the full end and term
of Sixty-one years certain or the largest of three lives namely of the said James Duffy aged thirty years and of his daughter Ann aged eighteen months and of James McKenna son of Ann McKenna, widow, aged about ten years, from thence next ensuing fully to be complete and ended Yielding and Paying therefor yearly and every year during the said term hereby granted unto the said David Stewart his heirs and assigns, the following yearly Rents, namely ? per annum for the first two years, three pence per acre for the third year, six pence per acre for the fourth year nine pence per acre for the fifth year and for the remainder of the said term one shilling per acre per annum the whole to be paid in Sterling money of Great Britain in the sums in current in England clear over and above all Quit? Rents, Land taxes, or other ? ?, charges or deductions whatsoever now imposed or to be hereafter imposed upon the said premises during the said term the Rent to become due and payeth on the twentieth day of November in every year: the said James Duffy to pay the said Rent either in money or grain, salted Beef, pork or butter, raised from the land, at the market price to be delivered at some place in Charlottetown or in the Royalty thereof as the said David Stewart his heirs or assigns may at anytime appoint, the Grain and other articles named to be delivered in good Marketable or Shipping and ?, And the said James Duffy his heirs, executors, administrators and assigns doth hereby covenant, promise, and agree to and with the said David Stewart his heirs and assigns that the said James Duffy his heirs, executors, administrators or assigns shall and will with and truly pay or cause to be paid unto the said David Stewart his heirs or assigns the yearly rent hereby ?reserved as and when the same shall become due and payable without making any deduction or ? what-so-ever. AND ALSO the said James Duffy promises to clear and cultivate not less than Ten Acres of the said land and to erect a good Log House thereon within the first five years from the date of these presents, Provided always that if the said Rent shall be in ? for the space of Twenty-one days after the day here-in-before appointed for payment of the same, and the said Rent shall be lawfully demanded upon or at any time after the apportion of the said Twenty-one days and not paid when demanded, and that if the said Ten acres shall not have been cleared and cultivated and a Log House erected, within the first five years from the date of these presents, then it shall and may be lawful to and for the said David Stewart his heirs and assigns, either to sue or distrain for the same or into and upon the said demised premises to re-enter and the same to have again retain re-possess and enjoy as in their first and former state, and the said James Duffy and all other occupiers and possessors thereof there out and from thence utterly to expel put out and move anything herein contained to the contrary notwithstanding. And the said David Stewart his heirs executors, administrators and assigns, doth covenant promise and agree to and with the said James Duffy his heirs and assigns, that he or they paying the said yearly rent hereby reserved in manner aforesaid and performing the aforesaid covenants in that behalf, shall and may at all times hereafter, peaceably and quietly have, hold, use, occupy, possess and enjoy the said land and premises hereby demised, for all the term hereby granted, without the lawful lot, suit, ?, eviction or disturbance of or by the said David Stewart his heirs or assigns or of or by any person lawfully claiming or to claim the said hereby demised
premises or any parcel thereof. AND ALSO the said David Stewart further agrees to and with the said James Duffy his heirs or assigns, or either of them in manner following that is to say, that if the said James Duffy his heirs or assigns shall be devised of purchasing the said tract of land within the first Twenty years of the said term the said David Stewart agrees to dispose of and legally convey the said premises to the said James Duffy for the consideration money hereinafter mentioned to wit Twenty years Purchase on the full rent of One shilling Sterling per acre, payable in the manner to be provided for entering into an agreement for the purchase of the said farm and premises. IN WITNESS WHEREOF the said Henry Douglas Morpeth and Peter Emery hath hereunto set the hand and affixed the seal of the said David Stewart by virtue of a Power of Attorney for that purpose duly executed and registered: And the said James Duffy hath also hereunto set his hand and affixed his seal the day and year first above written.
Signed Sealed and Delivered by David Stewart
the said David Stewart by his Attorney's (being first read and explained) by H. D. Morpeth and Peter Emery
in the presence of
? McKinnon James Duffy
Signed Sealed and Delivered by the said James Duffy
in the presence of
John Wm Crosby
Know all men by these presents that I James Duffy have on the 27th day of July 1846 bargained, sold, delivered and transferred to Donald McAlder all my right, title and interest in and to Sixty-five acres of Land on Lot or Township Thirty (30) as within specified by Indenture. In Witness Whereof, I do hereby set my hand and seal.
Signed Sealed and Delivered James Duffy
in the presence of
Witness Colin Holm and John McQuarrie [his X mark]
Know all men by these presents that I Donald McAlder have on the third day of November bargained, sold, and delivered and transferred to Bernard McCarragher all my right, title and interest on to Sixty-five acres of Land on Lot or Township (30) Thirty as within assigned by Indenture. to Witness whereof, I do hereby set my hand and seal.
Signed Sealed and Delivered Donald McCalder [his X mark]
in the presence of
John Brady [his X mark]
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Last Updated on 12/31/2001
By Carol I Robocker-Andersen