The Indenture of Lease of David MacWilliam, Tryon

Researched by Sherri Smith
Transcribed by Paul Mac Kinnon

 

This Indenture Made the Twenty Seventh day of August in the Thirty Fourth year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain, France, and Ireland King Defender of the faith and soforth And in The year of our Lord One Thousand Seven Hundred and Ninety four BETWEEN Sauel Holland Esquire Surveyor General of Lands for the Provinces of Upper and lower Canada Residing in the City of Quebec of the one part and David MacWilliam of Tryon River Saint David’s Parish in Prince County in the Island of Saint John Farmer of the other part WITNESSETH that the said Samuel Holland for and in consideration of the yearly Rents, Covenants and Agreements herein after referred and contained on the part and behalf of the said David Mac William his Heirs Executors Administrators and Assigns tobe paid observed Performed Fulfilled and Kept he the said Samuel Holland hath Demised Leased Set and to Farm Let And by these Presents doth Demise Lease Set and to farm Let unto the said David MacWilliam his Heirs Executors Administrators and Assigns all that Piece or Parcel of Ground or Land situate lying and being on the West side of a certain River called or known by the name of Tryon River being part and parcel of the Lot or Township Number Twenty Eight of the said Island which said piece or parcel of Ground or Land is butted and bounded as followeth THAT IS TO SAY Bounded in the front by the said River On the South by Lands in the Tenure or occupation of Augustus Kileath And on the North by lands in the Occupation of Benjamin Holland which said Piece or Parcel of Ground Contains by Estimation one Hundred and Twenty five Acres the said Land to be measured and ascertained as follows THAT IS TO SAY by a line due North and South Seven Hundred and Eighty Two feet Six Inches (within it having regard to the windings & turnings of the said River by which the farm may be formed and extended in front) and Six thousand Nine hundred and fifty six English feet and six inches in depth together with one fourth part of the great Marsh TO HAVE AND TO HOLD the said Tract Piece or parcel of ground or Land with the appurtenances unto the said David MacWilliam his heirs Executors Administrators and Assigns from the first day of May now last past for and during and until the full End and Term of Nine Hundred and Ninety Nine years from thence rest ensuing and fully to be Compleat and [illegible] and Paying therefore yearly and every year during the said Term of Nine Hundred and Ninety Nine Years hereby Granted unto the said Samuel Holland his Heirs Executors Administrators and Assigns the yearly Rents or Sum of Six pence (of current Money of the Province of Nova Scotia being at the rate of five shillings per Spanish Milled Dollar) for each and every Acre of Land hereby Demised The first payment whereof to Commence and be payable of the first day of May which will be in the year of our Lord One Thousand Seven Hundred and Ninety Five And so on the first day of May in every succeeding year for and during and until the full End and Expiration of the said Term of Nine Hundred and Ninety Nine years hereby granted AND the said David MacWilliam for himself his Heirs Executors Administrators and Assigns Doth hereby Covenant Promise and Agree to and with the said Samuel Holland his Heirs Executors Administrators and Assigns that he the said David MacWilliam his Heirs Executors Administrators and Assigns make and will with and truly pay or cause to be paid unto the said Samuel Holland his Heirs Executors Administrators and Assigns the said yearly Rent or Sum of Six pence of Currency aforesaid for each and every Acre of Land hereby Demised on the days and times within limited for payment thereof without any deduction or abatement whatsoever AND the said David MacWilliam doth with hereby for himself his Heirs Executors Administrators and Assigns further Covenant Promise and Agree to and with the said Samuel Holland his Heirs Executors Administrators and Assigns that he the said David MacWilliam his Heirs Executors Administrators and Assigns shall and will with and truly Pay or Cause to be paid all Taxes or Importations which shall or may be taxed or imported upon the said hereby Leased Premises or any part thereof by Authority of the Legislature or otherwise howsoever AND further that in case the said Rent or yearly sum of Six pence per Acre hereby issued shall or may at any time or times hereafter happen to be in arrear or unpaid by the space of one whole year next after any of the days or times above limited or appointed for payment thereof that then and in that case it shall and may be lawful to and for the said Samuel Holland his heirs Executors Administrators and assigns peaceably and quietly to Enter into Have Hold Occupy Possess and Enjoy the said Tract Piece or Parcel of Ground or Land with their and every of their Appurtenances And the same to have again Obtain Repossess and and Enjoy as in his and their first and former Estate [illegible] Indenture or any thing herein contained to the contrary-NOTWITHSTANDING –

And the said Samuel Holland for himself and his Heirs Executors Administrators and Assigns Doth hereby Covenant and Agree to and with the said David MacWilliam his Heirs Executors Administrators and Assigns in manner following That is to Say That he the said David MacWilliam his Heirs Executors Administrators and Assigns paying the Rent and observing fulfilling and keeping the Covenants and Agreements on his or their parts and Behalf to be observed fulfilled and kept shall and may peaceably and quietly Have Hold Occupy Possess and Enjoy the said Tract Piece or Parcel of Ground or Land with their and every of their Appurtenances for and during and until the full End and Term of Nine Hundred and Ninety-Nine years hereby Granted without any__[illegible] Trouble Eviction or Ejection of or by him the said Samuel Holland his Heirs Executors Administrators or of or by any other Person or Persons whomsoever And also that if the said David MacWilliam his Heirs Executors Administrators or Assigns Do and Shall Tender unto the said Samuel Holland his heirs Executors or Administrators or his or their Attorney or Agent at Charlotte Town in the said Island of Saint John the value of the said Rent or any part there of in Marketable Produce at the price forwhich such articles are at that time to be purchased for ready Cash there that he the said Samuel Holland his Heirs Executors Administrators Attorney or Agent shall and will accept the same in payment or discharge of so much of the said yearly Rent as the said Articles so Tendered and Paid shall amount to And the said David MacWilliam for himself his Heirs Executors Administrators and Assigns Doth hereby Covenant Promise and Agree to and with the said Samule Holland his heirs Executors or Administrators that in case the said David MacWilliam his Heirs Executors or Administrators shall be willing or desirous of disposing of his or their Term of and in the said Land and Premises hereby demised or any part thereof there that he or they shall and will first offer the same unto the said Samuel Holland his Heirs Executors or Administrators for his or their Acceptance AND in case the said Samuel Holland his Heirs Executors or Administrators shall Decline or Refuse to become Purchaser thereof at such Price as the same shall be Estimated at Then and in that Case it shall and may be lawful to and for the said David MacWilliam His Heirs Executors or Administrators to sell and Dispose thereof PROVIDED the same be not disposed of to any Person or Persons whatsoever at or for s less Price or Sum than what the said David MacWilliam his Heirs Executors Administrators or Assigns had Demanded from the said Samuel Holland his Heirs Executirs or Administrators.

	In Witness whereof the said Parties to these Presents Have hereunto Set their Hand and Seals the day and year first above written /s/ Samuel Holland by his Attorney /s/ Jn Fdk Holland The Mark of + David MacWilliam
Sealed and Delivered (in the Island of Saint John where Stamps are not used) in presence of (The Land hereby demised being first altered !From one hundred and fifty Acres to one hundred!and twenty five Acres And also so much of the!above Indenture as related to the payment of the !Quit Rents being first [illegible])! /s/Tho: Price /s/ John Foy

MEMORANDUM

Be it remembered that the foregoing Lease was Executed by John Frederick Holland Son of the said Samuel Holland by virtue of a Power of Attorney from the said Samuel Holland to the said John Frederick Holland Dated the Twenty Seventh Day of May One Thousand Seven Hundred and Ninety Four And duly Registered in the Secretary’s Office of the Island of Saint John aforesaid As may more fully Appear by having Recourse to the said Record----