Land Conveyance from John Russell Spence to Charles Sanderson
300 Acres at Point Pleasant, PEI - October 21, 1786
Be it Remembered that on the twenty first day of October, One Thousand Seven Hundred and Eighty Six, it is agreed upon by and between John Russell Spence, late of Greenwich, now of Charlotte Town, Island of Saint John, North America, Esquire, of the one part, and Charles Sanderson of Saint Peter’s Bay in the said Island, Farmer, of the other part, in manner and form following: to wit the said John Russell Spence, for the consideration herein after mentioned, hath agreed to Let and by these presents doth Let, Set and Demise to him, the said Charles Sanderson, his Heirs, Executors, Administrators and Assignors, All that Tract, piece or parcel of Ground or Land, Situate, Lying and Being on the South Side of Saint Peter’s Bay being part and parcel of Lot or Township Number Forty, and the said Tract, piece or parcel of Ground or Land is on the Survey, or a measurement thereof, to be bounded as follows, that is to say, On the East by the River Michele, on the north by Saint Peter’s Bay aforesaid, and to extend from thence in a straight or direct line West, Twenty eight chains, and due south from Saint Peter’s Bay aforesaid back into the Country so as to contain two hundred acres, more or less, the whole of which said Tract, piece or parcel of Ground or Land is now, and has been for some years past, in the Tenure and Occupation of said Charles Sanderson and is commonly called and known by the name of Point Pleasant and is situate lying and being in the Parish of Saint Patrick in the Kings County and Island of Saint John aforesaid, and is part and parcel of Lot or Township Number Forty. To Hold the Same to the said Charles Sanderson, his Heirs and Assigns to the only proper use and behoof of him the said Charles Sanderson, his Heirs and Assigns forever, from the first day of November next ensuing the date hereof, Subject nevertheless to the Rent payments, covenants conditions and agreements herein after specified and contained. And this and Charles Sanderson in consideration of the aforesaid doth hereby for himself, his Heirs, Executors, Administrators and Assigns, Covenants, promises, grants and agrees to and with the said John Russell Spence his Heirs and Assigns, that he or some one of them shall and will pay or caused to be paid unto the said John Russell Spence, his Heirs and Assigns, for and during the term of seven years and six months to commence from the said first day of November next ensuing, the Rent or sum of Five Pounds Sterling the same to be paid by two half yearly payments clear over and above all taxes and assessments of what nature or kind soever. The first payment to be made on the first day of May which will be in the year of our Lord One Thousand Seven Hundred Eighty Seven, and from and after the Expiration of the said Seven Years and six months the Rent or Sum of Ten Pounds Sterling, the same to be paid as aforesaid by two half yearly payments the first payment thereof to be made on the first day of November which will be in the year of our Lord One Thousand Seven Hundred and Ninety Three and after that manner yearly, and every year from thenceforth forever unto the said John Russell Spence. John Russell Spence, for himself, his Heirs and Assigns for the consideration herein after mentioned, Doth Let, Set and Demise unto the said Charles Sanderson, his Heirs, Executors, Administrators and Assigns, All that further or other Tract, piece or parcel of Ground or Land situate lying and being on the South side of Saint Peter’s Bay aforesaid, being part and parcel of the said Lot or Township Number Forty, and the said Tract, piece or parcel of Ground or Land is on the Survey or a measurement thereof to be bounded as follows, that is to say, on the East by the above mentioned and described Two Hundred Acres of Land belonging to the said Charles Sanderson and to extend from thence due West, Ten Chains, and from Saint Peter’s Bay aforesaid Due South back into the Country until the same makes up and includes One Hundred Acres, more or less. To hold the same to the said Charles Sanderson, his Heirs and Assigns, to the only proper use and behoof of him the said Charles Sanderson, his Heirs and Assigns, forever from the First day of November next ensuing the date hereof Subject nevertheless to the Rents, payments, Covenants, Conditions and Agreements herein after specified and contained. And the said Charles Sanderson in consideration of these presents Doth hereby for himself, his Heirs, Executors, Administrators and Assigns, Covenants, promises grants and agrees to and with the said John Russell Spence, his Heirs and Assigns, that he or some one of them shall and will pay or caused to be paid unto the said John Russell Spence, his Heirs and Assigns, for and during the Term of Nine Years and Six Months to commence from the said first day of November next ensuing the Rent or Sum of Two Pounds Ten Shillings Sterling the sum to be paid by two half yearly payments clear over and above all Taxes and Assessments of what nature or kind soever, the first payment to be made on the first day of May which will be in the year of our Lord One Thousand Seven Hundred Eighty Seven. And from and after the Expiration of the said Nine years and six months the rent or sum of Five Pounds Sterling, the same to be paid as aforesaid by two half yearly payments. The first payment thereof to be made on the first day of November which will be in the year of our Lord One Thousand Seven Hundred and ninety six and after that manner, yearly and every year from thenceforth forever. And the said last mentioned One Hundred Acres is as has also been in the Tenure and Occupation of the said Charles Sanderson and is with the before mentioned Two Hundred Acres commonly called and known by the name of Point Pleasant and is likewise situated lying and being in the Parish of Saint Patrick in the Kings County and Island Saint John aforesaid, and is part and parcel of the said Lot or Township Number Forty, and is upon the Survey of the said Demised Premises. The said two Tracts or parcels or Ground or Land shall contain more or less than the before mentioned Two Hundred Acres and One Hundred Acres. The said yearly Rents is to Encrease or Decrease during the several periods aforesaid at and after the rate of Sixpence and One Shilling Sterling per acre. And the said Charles Sanderson for himself, his Heirs, Executors, Administrators and Assigns, Doth hereby covenant to and with the said John Russell Spence, his Heirs and Assigns, that he and each of them shall and will from time to time and at all times carry his and their Corn to such Mill as the said John Russell Spence, his Heirs or Assigns, shall for the purpose erect on his part of the said Lot on Township Number Forty and shall and will pay unto the said John Russell Spence, his Heirs and Assigns, such Toll for Grinding his or their Corn as shall be paid at other Mills now erected or to be erected on the said Island. And further, that whenever he or any of them shall be required to do so by the said John Russell Spence, his Heirs or Assigns, or any other proprietor or Proprietors of the adjoining Lands belonging to his part of the said Lot or Township Number Forty, to lay out twelve feet in breadth in order, with twelve other feet in breadth to be laid out by the Proprietor or Proprietors of the said adjoining Land to make a common high Road, and he or some one of them shall and will aid and assist in forming and making such High Road and keeping it in repair whenever occasion shall require, and further that he or some or one of them shall and will erect sufficient and proper Fences on the Line of Marches of each and every of the said Demised premises and the same from time to time ____ from and repair in good order and condition. And the said Charles Sanderson for himself, his Heirs, Executors, Administrators and Assigns, Doth further covenant, promise and agree to and with the said John Russell Spence, his Heirs and Assigns, that in case he or any one of them shall at any time be disposed to Alienate and sell any part of the said Two several Tract, pieces or parcels of Ground or Land hereinbefore mentioned and described and so Granted, Set or Let forever, be it for money or any other consideration, he or some one of them shall and will offer the whole or such part of the said premises as he or any one of them may be inclined or about to dispose of to the said John Russell Spence, his Heirs and Assigns, for his or their Acceptance or Refusal. But if the said John Russell Spence, his Heirs or Assigns, shall refuse to purchase the whole of the said premises or such part as shall or may be so offered for such sum or value as the said Charles Sanderson, his Heirs, Executors, Administrators or Assigns, shall offer the whole or any part of the said premises at. He, the said Charles Sanderson, his Heirs, Executors, Administrators and Assigns, shall be and are at liberty to sell and dispose of the same in such manner and to whomsoever he or they shall think proper, Provided always that the same be not sold or disposed of at any sum or value inferior to the sum or value which the said John Russell Spence, his Heirs or Assigns, shall offer for the same. And it is further agreed upon by and between the said John Russell Spence and Charles Sanderson that proper and sufficient leases containing the usual covenants between Landlord and Tenant with the clauses of Re-Entry and Distress shall be executed at anytime upon the request of either party, their, or either of their, Heirs, Executors, Administrators or Assigns, and the Expense of the Leases to be equally divided between the parties. And lastly, for the due performance of all and every [one of] the Articles, Covenants and Agreements herein before and above mentioned, the said John Russell Spence and Charles Sanderson do hereby bind themselves, their Heirs, Executors, Administrators and Assigns, each to the other in the penal sum of Three Hundred Pounds Sterling firmly by these presents.
In Witness Whereof, the Parties aforesaid have hereunto set their hands & seals the day and year first before written.
Signed John Russell Spence (L.S.)
Charles Sanderson (L.S.)Sealed and Delivered in
the Presence of:
Signed, A. Fletcher
Phillip CallbeckSigned, David Roy
Registered