Note: Lease of Land, Lord Melville to Gilbert McCaulder, May 28, 1856.

Volume 72 p109

Dated 18th May 1837
The Rt. Hon. Lord Viscount Melville and Ann Melville
to
Gilbert MacCalder
Lease of 93 acres land on Lot No. 29.
Registered on the 28th day of May, 1856 at 1 o'clock A.M. on the Acknowledgement of H. D. Morpeth Agent
Arch'd MacNeill Asst. Registrar

This Indenture made the Eighteenth day of May in the year of our Lord One thousand Eight hundred and Thirty-seven Between the Right Honorable Robert Lord Viscount Melville and Ann Viscount Melville both of that part of the United Kingdom of Great Briton called Scotland of the One Part, and Gilbert MacCalder of Lot Number Twenty-nine Farmer of the Other Part. Witnesseth that for and in Consideration of the yearly Rents Covenants and Agreements here-after mentioned reserved and contained on the Part and behalf of the said Gilbert MacCalder his Executors Administrators and Assigns to be paid done and performed they the said Robert Lord Viscount Melvile and Ann Viscountess Melvile 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 Gilbert MacCalder 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 Queen's County on Prince Edward Island and so described and bounded as follows, that is to say Commencing at a stake fixed on the East Side of Dundas River at the Northern boundary of land in the possession of Neil Stewart thence according to the Magnetic position of (1764) North Eighty Six degrees East One hundred and Eleven Chains fifty links or until it meets the Eastern boundary line of Said Lot Number Twenty Nine thence North Eight Chains and thirty-seven links thence South Eighty-six degrees West to the Shore of the Said River, thence following the courses thereof in a Southerly direction to the place of Commencement. Bounded on the North by the land in possession of Donald MacCalder on the East by the said boundary line of the South by land in the possession of the said Neil Stewart and in the West by the said River containing ninety-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

p110

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 Gilbert MacCalder his Executors Administrators and Assigns from the first day of November last part for and during and unto 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 therefor yearly and every year during the Continuance of this demised unto the said Robert Lord Viscount Melville and Ann Viscountess Melville the yearly Rents following ?. Four pounds ten shillings Sterling per annum for Seventy five acres of the land hereby demised, and for the remainder of the said land hereby demised being Eighteen acres a pepper corn per annum for the first six years, three pence per acre per annum for the next three years Six pence per acre per annum for the next three years, nine pence per acre per annum for the next three years and for the Remainder of the said term 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 assignments 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 Gilbert MacCalder his Executors Administrators and Assigns and the said Gilbert MacCalder 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 Gilbert MacCalder his Executors Administrators and Assigns shall and will from time to time and at all time during the Continuance or term hereby demised will 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 demised or reserved on the day and time and in manner herew..? appointed for the payment thereof ? to the true intent and meaning of these presents and shall and will at the end of these presents which shall first happen leave

p111

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 Melville their heirs and assigns and also that of the said Gilbert MacCalder 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 shall refuse to purchase the same from the said Gilbert MacCalder his Executors Administrators and assigns at and for the price or sum demanded by him or them (then) 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 therefor from the said Robert Lord Viscount Melville and Ann Viscountess Melville their heirs Executors Administrators or Assigns. Provided always never the less that of the said rents or any part thereof be behind or unpaid at the day and time when the sum 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 and Assigns either to sue or distrain for the same and to have use and take all lawful ways and means for their recovery of the same by distraint or Suit at Law as to them shall seem ? 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 Gilbert MacCalder his Executors Administrators or assigns shall set lset transfer underlease underlet or assign over the whole or any part of the said land and premises hereby demised to any person or persons whom ? without the leave and permission in writing of the said Robert Lord Viscount Melville and 

p112

Ann 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 Gilbert MacCalder his Executors Administrators and Assigns that be not performed fulfilled and kept according to the true intent and meaning of these presents --- Henceforth in any or within 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 or Assigns into and upon the said demised premises or any part thereof in the name of the whole wholly to reenter and the same to have again return repossess and enjoy as in his or their former estate and there out and from thence utterly to expel put out and move this Indenture or any thing herein contained to the contrary thereof in any wise notwithstanding. And the said Lord Viscount Melville and Ann Viscountess Melville do hereby for themselves their heirs or assigns covenant promise and agree to and with the said Gilbert MacCalder his Executors Administrators and Assigns that he or they duly paying the said yearly Rent hereby reserved and performing the convenants 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 their or any of them. In Witness whereof Henry Douglas Morpeth of the said Island hath by Virtue of a ? ? 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 Gilbert MacCalder hath also hereunto Set his hand and seal the day and year first above written.

Signed Sealed and delivered
the word "East" between the Eleventh and 12th lines having been previously ?

Melville L. S. by H D Morpeth atty
Ann Melville LS by H D Morpeth atty

Gilbert MacCalder
William McCalder

Last Updated on 12/31/2001
By Carol I Robocker-Andersen
Email: [email protected]