The Mortgage of Donald McNaughton - (Charlottetown, 1872)
Dated 15th June 1872
Donald McNaughton and wife to Peter Halloran
Mortgage
Registered 6th July 1872 at 11 o’clock a.m. on the oath of Henry Palmer, John Hamilton, Regs.
This Indenture made this Fifteenth day of June in the year of Our Lord One thousand Eight hundred and seventy two. Between Donald McNaughton of Charlotte Town in Prince Edward Island, Brewer and Bridget his wife of the one part and Peter Halloran of Charlottetown in the said Island, Blacksmith of the other part. Whereas the said Donald MacNaughton hath purchased from the said Peter Halloran the Land and premises hereinafter mentioned at the price and sum of one hundred pounds, Equal Three hundred and twenty four Dollars and forty four cents of lawful current money of the said Island and hath paid the sum of Twenty Pounds Equal sixty four Dollars and Eighty nine cents down in part payment thereof and hath given this mortgage to secure the Balance due thereon payable with Interest at the rate of seven and a half percent. Now This Indenture Witnesseth that in pursuance of the said Agreement and in consideration of the sum of Eighty Pounds Equal Two hundred and fifty nine Dollars and fifty fife cents of lawful current money due and owing by the said Donald McNaughton and Bridget his wife. Have granted, bargained, sold assigned transferred, and set over, and by these presents Doth grant, bargain, sell, assign, transfer and set over unto the said Peter Halloran All That plot piece or parcel of Ground situate lying and being in Charlotte Town Common on the West side of the Malpec Road in Queens County being part of Lot Number three (3) commencing at a Stake fixed on the West side of the said Malpec Road being the Boundary between Owen Connolly and the said Donald McNaughton and following said line southerly for the distance of Fifty (50) feet to the division line of Philip Gowden’s land, and from thence following said division line at right angles westerly for the distance of one hundred at two (102) feet to the division line of Henry Aubrey Fowles line and from thence following the said Henry Aubrey Fowles line northerly for the distance of fifty (50) feet to the said Owen Connolly’s line aforesaid and from thence at right Angles Easterly from the distance of one hundred and two (102) feet on said last division line to the said Malpec Road or to the place of beginning aforesaid agreeable to a sketch thereof herewith. Together with all and singular the Houses, Outhouses, Barns, stables, Yards, Yards [sic], Gardens, orchards, Trees, fences, Ways, Waters, Watercourses, profits, commodities, privileges and advantages whatsoever to the said Land here debarments [obscure] and premises belonging or in anywise appertaining, and now at or any time heretofore held, used, occupied, or enjoyed therewith. And the reversion and reversions remainder and remainders, rents, issues, and profits thereof and all and singular the lands hereditaments and premises. And all the Estate, right title, Interest, property claim and demand whatsoever both at law and in Equity of him the said Donald McNaughton of, in, to, from or out of the said Land hereditaments and premises or any part thereof. To have and To Hold the the said tract, piece, or parcel of Land, hereditaments, and premises, hereby granted and released or intended so to be , and every part and parcel thereof with their [sic, but perhaps should be "them"] and every of their appurtenances unto the said Peter Halloran, his heirs and assigns forever. Provided Always Nevertheless and these presents are upon this express condition and it is the true intent and meaning hereof that if the said Donald McNaugton [sic] his Heirs Executors, Administrators or assigns shall and do truly pay or cause to be paid unto the said Peter Halloran, his [sic, but may be "this"] Halloran, his Heirs, Executors, Administrators or assigns the full sum of Eighty Pounds Equal Two hundred and fifty nine Dollars and fifty five cents of lawful current money of the said Island and interest at the rate of Seven and a half per cent per annum at any time within Five [ unclear, may be Two] Years from this date he the said Donald McNaughton paying the said Interest yearly, and every year, for the same without any deduction or abatement for taxes assignments or any other impositions whatsoever, that then and from thenceforth these presents and everything herein contained shall cease and be void to the contrary thereof in anywise notwithstanding it being understood that in case of default in the annual payment of the said Interest, the Principal and also the interest then due shall become immediately due and payable. And it is further agreed on and understood between the said parties to these presents that if the said Principal sum and Interest are not paid on the day and time hereinbefore mentioned for the payment thereof, it shall and may be lawful for the said Peter Halloran, his Heirs, Executors, Administrators and Assigns immediately after such default shall be made either to bring an Action of Ejectment to recover possession or to advertise the said property Land and premises hereinbefore described for Sale, in the Royal Gazette or other Public Newspaper, for the space of three months and in case the said principal, Interest, and expence of Advertisement are not paid within that time that then and in such case, the said Land and premises or as much thereof, as shall be sufficiently to pay and satisfy the said said [sic] amount then due with interest, and all expenses attending the same shall be publicly sold, and the said Peter Halloran may Execute a Conveyance of said Land hereditament and premises so sold as aforesaid to the purchaser or purchasers thereof, and on receipt of the Amount then due Interest and expenses of advertisements and sale shall pay over the overplus (if any) in his hands to the said Donald McNaughton on his giving up peaceable and quiet possession of the said property so sold to the purchaser or purchasers thereof. But in case he refuse to deliver up such possession when required the costs and expenses of compelling him shall be also deducted and the overplus paid over as aforesaid. And he the said Donald McNaughton Doth hereby for himself his Executors and Administrators, covenant, promise and agree to and with the said Peter Halloran he Heirs, Executors Administrators and Assigns, to pay or cause to be paid the said sum of Eighty Pounds Equal Two hundred and Fifty nine Dollars and fifty five cents of lawful current money as aforesaid with Interest in five years from from [sic] the date hereof without any deduction or abatement whatever. And further, that in case default shall be made in payment thereof, and that if the said premises or any part thereof shall be sold as aforesaid to realize the said debt, Interest and Expenses it shall and may be lawful for the purchaser or purchasers thereof or of any part thereof. Peaceably and Quietly to enter into have, hold, use occupy, possess and enjoy the Land and premises above mentioned without the lawful let, suit, trouble, hindrance, molestation or interruption of him the said Donald McNaughton his Executors and Administrators or any other person or persons whomsoever. And further that the said Donald McNaughton shall and will from time to time and at all times hereafter at the reasonable request but at all times hereafter at the reasonable requests [sic for repeated clause] but at the proper costs and charges in the law of the said Peter Halloran, at any time after default shall be made in the payment of the said principal money and Interest or any part thereof Assign, make, do, acknowledge, suffer and execute or cause to be made done acknowledged suffered and executed all and every such other and further lawful and reasonable Act or Acts Deed or Deeds, Conveyances and assurances in the law for the further better and more perfect and absolute conveying, resting, settling and confirming, the said Lands and premises hereby granted to the purchaser or purchasers thereof as he or his Counsel learned in the law, shall be reasonably and lawfully advised or devised and required provided that for the doing thereof he the said Donald McNaughton, shall not for that purpose be obliged to travel from his own house. And the said Bridged McNaughton wife of the said Donald McNaughton Doth by these presents remise release, and forever quit claim to the said Peter Halloran and his Heirs all her right title and Interest which she hath or hereafter may have in, to and from the said Land Tenements, heredetaments and premises, in right of Dower or otherwise. In Witness whereof the said Donald McNaughton and Bridget his Wife to these presents have hereunto their hands and seals subscribed and set the day and year first within written.
Signed, Sealed and Delivered in the presence of Henry Palmer, John M.Leod [sic, but surely McLeod]. Daniel [sic, not Donald] McNaughton (sig) Bridget McNaughton (sig).
£100-0-0 $324.44
Received the day and year first within written of and from the within named Peter Halloran the sum of one hundred pounds Equals three hundred and Twenty four Dollars and forty four cents of lawful current money of the said Island being the consideration money within mentioned to be by him paid to us.
Witness: Henry Palmer, John M.Leod [sic] Daniel McNaughton
Relinquishment of Dower. Be it remembered that on this eighteenth day of June in the year of our Lord one thousand Eight hundred and seventy two the within named Bridged McNaughton wife of the within named Donald McNaughton personally appeared before me Henry Palmer one of Her Majesty’s Justices of the Peace for the within named County in the said Island and being by me solely and separately examined apart from her said Husband did acknowledge that the within Deed of Conveyance was by her duly Executed, signed Sealed and delivered as and for her free and voluntary act and Deed and that she Executed the same without the compulsion or force of her said Husband and that at the time of the Execution thereof she know the same to be a Conveyance of the Estate and Premises ;within mentioned to the within named Peter Halloran his Heirs and Assigns free and clear of all Estate right, title, interest claim and demand of her the said Bridged McNaughton in respect of her Dower or otherwise.
(sig) Henry Palmer J.P.
[General Mortgage #5, p. 823, PARO]