Indenture of Lease of John Shaw of DeSable

Researched by Sherri Smith

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Transcribed by Paul Mac Kinnon

No. 172 Ind.

Dated the 22 day of March 1837

The Right Honorable Lord and Lady Melville To Mr. John Shaw
	Lease of 80 acres of land on Lot No. 29

THIS INDENTURE, made the Twenty Second day of March in the year of our Lord One Thousand Eight Hundred and Thirty Seven BETWEEN The Right Honorable Robert Lord Viscount Melville and Ann Viscountess Melville, both of that part of the United Kingdom of Great Britain called Scotland, of the one part and John Shaw of Lot Number Twenty Nine Farmer, of the other part. WITNESSETH that for and in consideration of the Yearly Rents, Covenants and Agreements hereafter mentioned, reserved, and contained on the part and behalf of the said John Shaw his executors administrators and assigns, to be paid done and performed they the said Robert Lord Viscount Melville and Ann Viscountess Melville Have and each of them Hath demised set and to farm let and by these Presents do and each of them doth demise set and to farm let unto the said John Shaw his executors administrators and assigns all that tract piece or parcel of land situate lying and being on Lot or Township Number Twenty Nine aforesaid in the parish of Hillsborough in Queens County in Prince Edward Island, and, is described and bounded as follows that is to say, commencing at a square post fixed on the Shore of Gulf of Saint Lawrence at the Northern Boundary of land in the __or O and __ thence running North Seventy four degrees East Sixty eight chains thence North five degrees West four chains thence South Eighty five degrees West Sixty two chains fifty links thence South five degrees East four chains thence South Eighty five degrees West to the said shore containing Eighty acres little more or less, subject Nevertheless to the clauses and conditions mentioned and contained in the original Grant of the said Township from the Government as far as they may affect the said premises hereby demised to have and to hold the said demised premises with the appurtenances unto the said John Shaw his executors administrators and assigns from the first day of November last past for and during and until the full end and term of Nine Hundred and Ninety nine years from thence next ensuing and fully to be complete and ended Yielding and Paying therefore yearly and every year during the continuance of this demise unto the said Robert Lord Viscount Melville and Ann Viscountess Melville, the yearly rent of Four pounds six [illeg.] Sterling clear over and above all quit rents taxes charges or assessments now raised or levied or hereafter to be raised and levied on the said demised premises or any part thereof which is and are to be paid by the said John Shaw ‘his executors administrators and assigns and the said John Shaw doth hereby for himself his heirs executors administrators and assigns covenant promise and agree to and with the said Robert Lord Viscount Melville and Ann Viscountess Melville their heirs and assigns in manner following that is to say that he the said John Shaw his executors administrators and assigns shall and will from time to time and at all times during the term hereby demised well and truly pay or cause to be paid unto the said Robert Lord Viscount Melville and Ann Viscountess Melville their heirs or assigns the said yearly rents hereby reserved on the day and time and in manner hereinbefore appointed for the payment thereof according to the true intent and meaning of these presents and shall and will at the end expiration or other sooner determination of these presents which shall first happen leave quit surrender and deliver up the quiet and peaceable possession of the said land and premises hereby demised with the appurtenances and all buildings now made or erected or hereafter to be made or erected on the said land and premises or any part thereof in good and tenantable repair order and condition unto the said Robert Lord Viscount Melville and Ann Viscountess Melville their heirs and assigns and also that if the said John Shaw his executors administrators or assigns shall at any time hereafter be minded or desirous to sell or dispose of his or their term then to come and unexpired in the said land and premises hereby demised he or they shall and will make an offer thereof in writing to the said Robert Lord Viscount Melville and Ann Viscountess Melville their heirs executors administrators or assigns and if they the said Robert Lord Viscount Melville and Ann Viscountess Melville their heirs executors administrators or assigns shall refuse to purchase the same from the said John Shaw his executors administrators or assigns at and for the price or sum demanded by him or them he or they shall not dispose of or sell the same to any person or persons whomsoever for a less price or sum than he or they shall so ask or demand thereof from the said Robert Lord Viscount Melville and Ann Viscountess Melville their heirs executors administrators or assigns provided always nevertheless that if the said rents or any part thereof be behind or unpaid at the day and time when the same shall become due and payable as aforesaid, it shall and may be lawful to and for the said Robert Lord Viscount Melville and Ann Viscountess Melville their heirs executors administrators or assigns either to sue or declaim[?] for same and to have use and take all lawful ways and means for the recovery of the same by __ __[illeg.] suit at law as to them shall seem meet and expedient and provided also that [if] it shall happen that the said rents hereby reserved shall be behind and unpaid by the space of thirty days next over and after the said day of payment whereon the same ought to be paid as aforesaid, OR if the said John Shaw his executors administrators or assigns shall set let transfer underlease underlet or assign over the whole or any part of the said land and premises hereby demised to any person or persons whomsoever without the leave and permission in writing of the said Robert Lord Viscount Melville and Ann Viscountess Melville their heirs executors administrators or assigns first had and obtained - or if all or any one of the covenants conditions or agreements in these presents contained on the part and behalf of the said John Shaw his executors administrators or assigns shall be not performed fulfilled and kept according to the true intent and meaning of these presents then and from thenceforth in any or either of the said cases, it shall and may be lawful to and for the said Robert Lord Viscount Melville and Ann Viscountess Melville their heirs executors administrators and assigns into and upon the said demised premises or any part thereof in the name of the whole [illeg.] to reenter, and the same to have again retain repossess and enjoy as in his or their former estate and thereout and from thence the said John Shaw his executors administrators and assigns and all other occupiers of the said demised land and premises to expel put out and remove, this Indenture, or anything herein contained to the contrary thereof in any way, notwithstanding AND the said Robert Lord Viscount Melville and Ann Viscountess Melville do hereby for themselves their heirs or assigns covenant promise and agree to and with the said John Shaw his executors administrators and assigns that he or they duly paying the said yearly rent hereby reserved and performing the covenants and agreements on his and their part herein contained, shall and may from time to time and at all times during the term herein demised peaceably and quietly have hold use occupy, possess and enjoy the said lands and premises hereby demised for all the term hereby granted without the lawful let suit trouble interruption or denial of the said Robert Lord Viscount Melville and Ann Viscountess Melville their heirs or assigns or any other person or persons lawfully claiming or to claim from or under him them or any of them. IN WITNESS WHEREOF, Henry Douglas Morpeth of the said Island hath by virtue of a Substitution of a Power of Attorney duly executed and registered in the proper office subscribed the Title of Honor and affixed the Seals of the said Robert Lord Viscount Melville and Ann Viscountess Melville and the said John Shaw hath also hereunto set his Hand and Seal the day and year first above written.

Signed, Sealed and Delivered

(being first read and explained)

in the presence of

/s/ [illeg.]

/s/ Melville seal by H.D. Morpeth his atty

/s/ Ann Melville seal by H.D. Morpeth her atty

/s/John Shaw his mark

[ADDENDUM]

To all to whom these Presents shall come the written __ John Shaw of Township Number Thirty – 30 in Queens County in Prince Edward Island in the Dominion of Canada Farmer - Send Greeting.

Whereas the said John Shaw written received for the consideration hereinafter ___ HATH agreed to transfer and assign over to Neil Shaw of Township Number Twenty –Nine 29, in the said County Island and Dominion, Farmer, his Executors, Administrators, and Assigns, their written __ , Lease Farm and Premises with the appurtenances NOW THESE PRESENTS WITNESS that in pursuance of the said agreement and for and in consideration of the sum of Four Hundred and Eighty Six Dollars and Sixty Six cents of lawful current money of the said Province to the said John Shaw in hand well and truly paid by the said Neil Shaw at or before the sealing and delivery of these Presents their receipt whereof , He the said John Shaw doth hereby acknowledge and _ __ from the same __ every part thereof DOTH acquit release and forever discharge the said Neil Shaw by these presents ___ said John Shaw HATH granted bargained sold assigned transferred and set over AND by these Presents DOTH grant bargain sell assign transfer and set over unto the said Neil Shaw his Executors Administrators and Assigns ALL and singular the Tract piece and parcel of Land farm and Premises in __ by the written rewritten Indenture of Lease demised __ ___ or intended so to be ___ __ every of their appurtenances And all the Estate Rights __Interests therein of years yet to come and unexpired Property __and demand whatsoever __ __ __ Equity of the said John Shaw ___ out of the said Tract piece and parcel of Land farm and Premises with all appurtenances- every or any part thereof together with the said Indenture of Lease TO HAVE AND TO HOLD the said Tract piece and parcel of Land farm and Premises and all and singular __ __ ___ __ assigned or __ so to be __ __ and every __ appurtenances unto the said Neil Shaw his Executors, Administrators, and Assigns from the day of the __ these Presents and __ ___ __ __ and unto all the rest __ and remainder yet to come and unexpired of the Term of Nine Hundred and Ninety Nine , 999, years in __ ___ written Indenture of Lease reserved __ Contained ___ __ SUBJECT NEVERTHELESS to the __ ___ ___ __ Covenants and Agreements in the said Indenture of Lease reserved and ___ __ ___ __ __ __ __ __ __ __ __ __ __ __ __ ___

IN WITNESS whereof the said John Shaw __ hereunto his hand and seal subscribed on this Twenty Third day of March in the Year of our Lord One Thousand Eight Hundred and Seventy Six (1876)

his John X Shaw mark

Signed Sealed and Delivered
in the presence of

Colin McKay
Arch’d Shaw

This Lease was duly surrendered by me to the Comm. of Public Lands on my becoming the purchaser of the fee simple of the within described Lands & premises.

Octbr 1^st 1877

Neil Shaw

Transcriber's Note: The continuation of the property rights move to the Dominion Deed of Neil Shaw of DeSable, posted on this sight.