Indenture of Lease of Archibald McKinnon (c.a. 1797-1864, Desable)
Researched by Sherri Smith
Transcribed by Paul Mac Kinnon
No. 162 Ind.
DATED the 20th day of Dec 1836
The Right Honorable Lord
and Lady Melville
To
Mr. Arch.d MacKinnon
Lease of 233
acres on Lot
No. 29 in Prince
Edward Island
THIS INDENTURE, made the _Twentieth_ day of _December_ in the year of our Lord One Thousand Eight Hundred and Thirty _Six_ 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 _Archibald MacKinnon 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 _Archibald MacKinnon_ 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 DOTH demise, set and to Farm let unto the said _Archibald MacKinnon_ 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 in _the Eastern Shore of Dundas River at the North boundary of (Gilbert MacCauldrons) now Colin Holmes farm. Thence (according to the magnetic position of 1764) running North eighty six degrees East one hundred and ten chains seventy five linksor until it meets the division line between said lot number twenty nine and lot number thirty thence along the course of said division line North twenty one chains thence South eighty six degrees West, to the said shore thence following the various courses thereof southwardly to the place of commencement_ containing _Two hundred and thirty three_ 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 _Archibald MacKinnon_ 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 following, viz: _for one hundred acres of the land hereby demised the yearly rent of Six pounds Sterling money of Great Britain. And for the remainder of the said land being one hundred and thirty three acres as follows that is to say for the first three years (illegible) per annum for the next three years three the yearly rent (illegible) for the next three years the yearly rent of six pence per acre per annum, for the next three years the yearly rent of nine pence per acre per annum, and for the remainder of the said term the yearly rent of one shilling per acre per annum the whole to be paid in Sterling money of Great Britain._ 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 _Archibald MacKinnon_ his Executors, Administrators and Assigns. AND the said _Archibald MacKinnon_ 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 the manner following, that is to say, that he the said _Archibald MacKinnon_ 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 possesion 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 _Archibald MacKinnon_ 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 _Archibald MacKinnon_ 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 distrain for same, and to have, use and take all lawful ways and means for the recovery of the same, by distraint or 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 _Archibald MacKinnon_ 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 _Archibald MacKinnon_ his Executors, Administrators or Assigns, shall be not performed, fulfilled and (illegible)ot 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 into and upon the said demised premises, or any part thereof, in the name of the whole, (illegible) to re-enter, and the same to have again, retain, repossess and enjoy as in his or their former estate, and thereout and from thence the said _Archibald_MacKinnon_ his Executors, Administrators and Assigns, and all other occupiers of the said demised land and premises, to expel, put out and amove, this Indenture, or anything herein contained to the contrary thereof, in any wise 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 _Archibald_MacKinnon_ his Executors, Administrators and Assigns, that he or they duly paying the(illegible) 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 la(illegible) let, suit, trouble, interrupt(ed) or denial of the said ROBERT Lord Viscount MELVILLE and ANN Viscountess MELVILLE, their Heirs or Assigns, or any other person or persons lawf(illegible) claiming or to claim from (missing) 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 that) the said _Archibald_MacKinnon_ hath also hereunto set his Hand and Seal the day and year first above written.
Signed, Sealed and Entered (being first read
and explained) in the presence of
(the word "aforesaid" having been written
On an erasure previous to opening)?
/s/
/s/ Melville
Seal
By his atty
/s/ Ann Melville
seal
her atty
/s/Archd McKinnon
his mark
[ADDENDUM - hand written on backside of deed ]
I hereby consent to and authorize Donald McKinnon and Archibald McKinnon the present tenants of the within described land to assign the within written Indenture of Lease and the land and premises within described, or any part thereof, or underlet the same land or any part thereof, or give a judgment or other security on the same or any part thereof to Francis Malone Esquire of Township number Twenty-Nine in Prince Edward Island, or to any other person or persons whomsoever.
As witness my hand this nineth day of February A.D. 1872 by John R. Bounde my attorney duely authorized by letter of attorney.
Henry Lord Viscount Melville
By his atty /s/S R Bounde
Witness
W. R. Sullivan
Know all men by these presents, that I, the within named Archibald McKinnon of DeSable, Township Number Twenty-Nine, in Prince Edward Island, farmer, being entitled to the one third part or seventy-seven acres of the within described lands, under the will of my late father, Archibald McKinnon, for and in consideration of the sum of one dollar of lawful money of said Island to me in hand well and truly paid by Donald McKinnon of DeSable aforesaid, my brother, at or immediately before the sealing and delivery of these presents, the receipt whereof I do hereby acknowledge, have bargained, sold, assured, transferred and set over unto the said Donald McKinnon all my third part or share of the within demised and described tract, piece, or parcel of land, messuages[?] or tenements, and premises with their appurtenances as also this Indenture of Lease to have and to hold the said tract, piece, or parcel of land, tenements and premises with the appurtenances unto the said Donald McKinnon, his executors, administrators and assigns for and during all the rest, residue, and remainder of the within mentioned term of nine hundred and ninety-nine years yet to come and unexpired, he the said Donald McKinnon paying the rent and performing the covenants and agreements in and by the written Indenture reserved and contained, on the tenants and lessee’s part to be paid done and performed.
In witness whereof I have hereunto my hand and seal subscribed and set this seventh day of November A.D. 1877
Signed, Sealed, and Delivered in
the presence of
/s/ A.Warburton
/s/Archibald McKinnon {seal}
Deed Donald McKinnon B3/53
23/11/77
This Lease is duly surrendered to the commissioner of Crown and Visible Lands on my becoming the purchaser of the fee simple of the within described Lands and premises.
Witness
/s/ A, Warburton
/s/Donald Mc Kinnon