The Indenture and Mortgage of Peter Mullin, Lot 19
Dated 1st May 1853: Andrew Thornton Todd To Peter Mullins L66, F104
Lease 114 Acres Land Lot No.19.
Registered 7th May 1853 at 11 A.M. on the Acknowledgment of the PartiesRobert Hyndman: Deputy Registrar
This Indenture made the First day of May One thousand and Eight Hun-
dred and Fifty-three Between Andrew Thornton Todd of Buncrana
Castle in the County of Donegal in Ireland, Esquire, by William Forgan
of CharlotteTown in Prince Edward Island, his attorney lawfully consti-
tuted and appointed as hereinafter mentioned of the one part, and Peter
Mullin of Lot or Township Number Nineteen in the Parish of Saint David
in Prince County, Prince Edward Island, Farmer, of the other part,Witnesseth that for and in consideration of the Rents, Covenants, Agreements and Provisos hereinafter mentioned, reserved and contained and which by and on the part and behalf of the said Peter Mullin, his Executors, administrators, and assigns are to be paid, kept, done and performed, he, the said Andrew Thornton Todd hath Granted, demised, leased, set and to farm letten, and by these Presents doth Grant, demise, lease set and to farm let unto the said Peter Mullins, his Executors, administrators and assigns, All that tract, piece or parcel of land situate, lying and being in Lot or Township Number Nineteen in the Parish of Saint David in the County of Prince County in the said Island
Commencing at a stake fixed on the South side of the Road leading from Barrets to Saint Eleanors in the Western Division line of One Hundred and Fifty Acres of Land leased to William Glover, thence South Fifty-nine chains, or to what is termed Loyalist Land, thence West nineteen chains or to land owned by Douglass and others, thence North to the said Road, thence Eastwardly along the Road to the stake at the place of beginning, containing by Estimation, One hundred and fourteen acres be the same a little more or less, together with all Buildings, Woods, Underwoods, Ways, Waters, watercourses, Commodities, Privileges, Advantages and Appurtenances, whatsoever to the said demised premises belonging or in any wise appertaining.
To Have and To Hold the said tract, piece or parcel of land and Premises hereby demised, with the appurtenances, unto the said Peter Mullins, his Executors, administrator and assigns from the First day of May, Instant, 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,
Subject, nevertheless, to the Quit Rents to become due, exceptions, reservations, covenants, easements and conditions in the Original Grant or Letters Patent of the said Lot or Township, reserved and contained, Yielding and Paying therefor Yearly and every (during the said term hereby Granted) unto the said Andrew Thornton Todd, his heirs or assigns, the clear Yearly Rentor sum of Five Pounds, fourteen shillings Sterling without making any deduction or abatement whatsoever, for or in respect of any present or future Quit Rents, Land Taxes, or other Parliamentary, Legislative, Colonial or Parochial Taxes, Rates, Assessments, payments or impositions whatsoever, by Yearly payments, that is to say, on the First day of May in any Year, the first payment thereof to become due and be made on the First day of May next ensuing.
And the said Peter Mullins doth for himself, his Heirs, Executors and administrators covenant, promise and agree to and with the said Andrew Thornton Todd, his Heirs and assigns in manner following, that is to say that he the said Peter Mullins, his Executors, administrators and assigns shall and will from time to time and at all times during the continuance of the Term, hereby Granted, will and truly pay or cause to be paid unto the said Andrew Thornton Todd, his Heirs and Assigns, the said Yearly Rent hereby reserved, upon the days and times and in the manner hereinbefore mentioned for the payments of the same, according to the true intent and meaning of these Presents
And, also that he, the said Peter Mullins, his Executors, Administrators and Assigns, shall and will pay, satisfy and discharge or cause to be paid, satisfied and discharged, all and all manner of Quit Rents, Land Taxes, and other Parliamentary, Legislative, Colonial or Parochial Taxes, Rates, Assessments, Payments, or Impositions whatsoever, now or at any time hereafter, during the said Term hereby demised, payable or to become payable for or in respect of the said Premises, or any part of them or the said Yearly Rent or any part thereof shall be in arrear for the space of Twenty-one days after the same ought to have been paid or aforesaid being lawfully demanded, that then and in every such case, and at all times hereafter, it shall and may be lawful to and for the said Andrew Thornton Todd, his Heirs and assigns, either to sue or distrain for the same, or into and upon the said demised Premises, or into any part thereof, in the name of the whole, wholly to (xx) and the same to have again, retain, repossess and enjoy as in their first and former Estate, and the said Peter Mullins and all other occupiers and possessors thereof thereout and from thence utterly to expel, put out and amove; anything herein contained to the contrary notwithstanding. . And the said Andrew Thornton Todd for himself, his Heirs and Assigns doth hereby covenant, promise and agree to and with the said Peter Mullin, his Executors, Administrators and Assigns that he or they paying the sum Yearly Rent hereby reserved, and performing the Covenants and agreements hereinbefore mentioned and contained and which on his or their part and behalf are or ought to be paid, kept, done and performed subject nevertheless as aforesaid shall and may peaceably and quietly, have, hold, use, occupy, possess and enjoy the said hereby demised Premises, with the appurtenances, for all the Term hereby Granted without the lawful let suit, trouble, denial, eviction, ejection, interruption or disturbance whatsoever of, from, or by the said Andrew Thornton Todd, his Heirs or assigns, or of from, or by any person or persons whomsoever lawfully claiming or to claim the said hereby demised premises, or any part or parcel thereof.
In witness whereof the said William Forgan hath hereunto set the hand and seal of the said Andrew Thornton Todd, by Virtue of a Power of Attorney for that purpose duly executed and registered
And the said Peter Mullin hath hereunto set his hand and seal the day and Year first above written.
Signed, sealed and delivered in the presence of
.Iat (?)
I .Brown
Rob..Rennie (?)
Andrew Thornton Todd
Peter (L.S.)MullinBy: Wm Forgan, his attny
Ledger 66, Folio 107
Dated May 7, 1853 Peter Mullin to Daniel Hodgson
Mortgage of 114 Acres of Leasehold Premises, Lot 19,
Registered 7th May 1853, at noon on oath of Wm Forgan, Robert Hyndman, Dpt RegistrarThis Indenture made the Seventh day of May, One Thousand Eight hundred and Fifty-three
Between Peter Mullins of Lot or Township Number Nineteen in the Parish of Saint David, in Prince County in Prince Edward Island, Farmer, of the One part and Daniel Hodgson of Charlotte Town in Prince Edward Island, aforesaid, Esquire, of the other part,
Whereas by certain Indenture of Lease bearing date the First day of May One Thousand Eight Hundred and Fifty-three and made between Andrew Thornton Todd, of Buncrana Castle in the County of Donegal in Ireland;, Esquire, of the one part, and the said Peter Mullin of the
Parish and County aforesaid, in the same Island, Farmer of the other part, the said Andrew Thornton Todd, did demise and lease unto the said Peter Mullin, his Executors, administrators, and assigns, All that tract piece or parcel of land described and mentioned in the said in part recited Indenture of Lease, that is to say. Commencing at a stake fixed on the South side of the Road leading from Barrets to Saint Eleanors, in the Western division line of One Hundred and fifty Acres of Land leased to William Glover, thence South Fifty-nine chains, or to what is termed Loyalist Land, thence West, nineteen chains or to land owned by Douglass and others, thence North to the said Road, and thence Eastwardly along the Road to the stake at the place of beginning Containing by estimation One Hundred and four teen acres of land, little more or less, together with the appurtenances, thereto belonging or in any wise appertaining. To Hold the same with the said Peter Mullin, his Executors, administrators and assigns from the First day of May then Instant for the Term of Nine Hundred and Ninety-nine years from thence next ensuing and fully to be complete and ended, at the Yearly Rent of Five pounds fourteen Shillings, Sterling, and subject to the covenants, provisos, conditions and agreements therein contained and on the part of the said Peter Mullin his Executors, administrators and assigns to be observed, kept, done and performed and WHEREAS; the said Peter Mullin hath requested the Daniel Hodgson to lend him the sum of Fifty Pounds which the said Daniel Hodgson agreed to do, upon having the repayment thereof with Interest secured by an Assignment by way of Mortgage of the said piece or parcel of land, messuages, hereditaments and premises comprised in the said recited Indenture of Lease, as hereinafter expressed.
NOW this Indenture witnesseth that in pursuance (?) of the said agreement and in consideration of the Sum of Fifty Pounds of lawful money of the currency of the said Island to the said Peter Mullin, lent, assoined and paid by the said Daniel Hodgson at or before the Execution of these presents, the receipt whereof he, the said Peter Mullin, doth hereby acknowledge and from the same and every part thereof doth acquit, relieve and discharge
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the said Daniel Hodgson, his Executors, administrators and assigns and every of them forever by these Presents, he the said Peter Mullin, Hath Granted, bargained, sold, sold and by these Presents
Doth Grant, bargain, sell and demise unto the said Daniel Hodgson, his Executors, administrators and assigns, All that tract, piece and parcel of land described and mentioned in the aforesaid recited Indenture of Lease, that is to say: Commencing at a stake fixed on the south side of the Road leading from Barretts to Saint Eleanors in the Western division line of One Hundred and fifty acres of land leased to William Glover, thence South Fifty-nine chains or to what is termed Loyalist land, thence West Nineteen chains or to land owned by Douglass and others, thence North to the said Road and thence Eastwardly along the Road , to the stake at the place of beginning, containing by estimation One Hundred and fourteen acres of land, little more or less.
To Have and to Hold the said tract, piece or parcel of land, messuages or Tenements and all and singular other. The Premises hereby demised or intended so to be unto the said Daniel Hodgson, his Executors, administrators and assigns henceforth for all the residue and remainder now to come and unexpired of the said Term of Nine Hundred and ninety-nine Years, thereof Granted by the said recited Indenture of Lease except for the last Year, thereof subject to the proviso for redemption hereinafter contained that is to say, Provided always and these Presents are upon this express condition that if the said Peter Mullin, his Executors, administrators or assigns shall pay or cause to be paid unto the said Daniel Hodgson at or in the Colonial Building in Charlotte Town, the said sum of fifty pounds of lawful money of the said Island on the Seventh day of May which will be in the year 1858, together with interest for the same annually after the rate of six pounds for every One Hundred Pounds by the Year on the 7th day of May in each year, during the continuance of these presents, the First payment of such Interest to become due and be made on the 7th day of May now next ensuing without any deduction or abatement whatsoever from r on account of any taxes, charges, rates, assessments, or any other matter, cause or thing whatsoever The said Daniel Hodgson, his Executors, administrators and assigns shall and will upon the request and at the expense of the said Peter Mullin, his executors, administrators or assigns surrender and assure the said premises hereby demised, or intended so to be, with the appurtenances unto the said Peter Mullin, his Executors, administrators or assigns, or otherwise as he or they shall direct free from all encumbrances to be made or created by the said Daniel Hodgson, is executors, administrators or assigns, and shall in the meantime perform and keep the several covenants and agreements, herein contained on the part of him the said Peter Mullin, his executors, administrators and assigns to be observed and performed then and from thenceforth this present Indenture and the Assignment hereby made, and every matter and thing herein contained, shall cease, determine and be absolutely null and void to all intents and purposes whatsoever, and the said Peter Mullin, for himself, his Heirs, executors, administrators and assigns, doth hereby covenant with the said Daniel Hodgson, his Executors, Administrators and assigns, that he, the said Peter Mullin, his Heirs, Executors or administrators shall and will well and truly pay or cause to be paid unto the said Daniel Hodgson, his executors;, administrators and assigns the said sum of Fifty Pounds and the Interest thereof annually at the Time and times in the manner hereinbefore appointed for that purpose according to the true Intent and Meaning of these Presents.
And also that the said recited Indenture of Lease hereby assigned is at the time of the ensealing and delivery of these presents, a good, valid and effectual lease in the law of and for the said piece or parcel of land, messuages or tenements therein respectively comprised and hereby demised and is now in full force and in no wise forfeited, surrendered or determined or become void or voidable.
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And that the rent thereby reserved, and the covenants, conditions, and agreements therein contained on the Lessees or Assignees part to be performed have been duly paid and performed up to the day of the date of these presents. And that the said Peter Mullin now hath in himself Good right and full force and lawful and absolute authority to demise the said piece of land, messuages, tenements, hereditaments and Premises, hereby demised or intended to be, unto the said Daniel Hodgson, his Executors, administrators and assigns, in manner of aforesaid, AND also that in case default shall be made in payment of the said sum of Fifty pounds and interest thereof annually or any part thereof respectively at the time and times and in manner hereinbefore mentioned, then and from thenceforth, it shall be lawful for the said Daniel Hodgson, his Executors, administrators or assigns into all and any part of the said piece or parcel of land, messuages, or tenements and Premises hereby demised, to enter and the same peaceably and quietly to hold and enjoy for and during all the rest, residue which shall be then unexpired of the said term of Nine Hundred and ninety-nine years, wanting One Year, and the rents and profits thereof to receive for his and their own use and benefit, without any interruption or denial whatsoever of, from or by the said Peter Mullin, his Executors, administrators or assigns or any other Person or persons whomsoever.
And that free and clear and freely and clearly acquitted , exonerated and discharged or otherwise by him the said Peter Mullin, his Heirs, Executors or administrators will and sufficiently saved harmless and Kept indemnified of, from, and against all former and other Grants, bargains, sales, leases, mortgages, Assignments, Estates, titles, charges and encumbrances whatsoever And also that he, the said Peter Mullin, his Executors and administrators and assigns and all other Persons having or lawfully claiming any Estate right, title or interest of, in, to or out of the said piece or parcel of Ground, Messuages or tenements and Premises hereby demised or intended so to be, or any part thereof, shall and will at any time hereafter, so long as the said Sum of Fifty pounds and interest annually or any part thereof respectively, shall remain due upon this Security, upon the reasonable request of the said Daniel Hodgson, his Executors, administrators or assigns, but at the costs and charges of the said Peter Mullin, his Executors, administrators or assigns, make, do execute or cause or procure to be made, done and executed, all and every such further and other acts, deeds, matters and things demised and assurances in the law for the better and more perfectly demising and assoining the said piece or parcel of land, messuages, or tenements and premises hereby demised, or intended so to be with the appurtenances unto the said Daniel Hodgson, his Executors, administrators and assigns, for and during all the rest, residue which shall be then unexpired for the said Term of Nine Hundred and Ninety-Nine Years hereby granted, except the last Year, thereof, and also if thereunto required of the reversion of the One Year being the Residue of the term of Nine Hundred and Ninety-nine Years as by the said Daniel Hodgson, his Executors, administrators or assigns, or his or their Counsel in the Law shall be reasonably devised or advised and required,
And further, that he, the said Peter Mullin, his Heirs, executors or administrators shall and into from time to time and all times hereafter, so long as the said Principal Sum of Fifty Pounds and Interest or any part thereof shall remain due upon this Security, pay or cause to be paid the said Yearly rent reserved by the said in first recited Indenture of Lease, and perform and Keep the Covenants, conditions and agreements therein contained and which on the tenants, Lessees, or assignees part and behalf are to be paid, kept, done and performed and shall and will save harmless and keep in indemnified
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the said Daniel Hodgson, his executors and administrators and his and their Estate and effects therefrom. And also, it is hereby agreed and declared by and between the said Parties to these Presents that until default shall happen to be made in payment of the said Sum of Fifty Pounds and Interest thereof annually or some part thereof contrary to the true intent and meaning of the Proviso or agreement hereinbefore contained, it shall and may be lawful to and for the said Peter Mullin, his Heirs, or Assigns, peaceably and quietly to have, hold and enjoy the said land, hereditaments and Premises hereby Granted and released or intended so to be with their appurtenances and to receive and take the rents, issues, and profits thereof, without any hindrance, interruption or denial whatsoever of, from or by the said Daniel Hodgson, his Heirs, executors, administrators or assigns, or any other person or Persons whomsoever lawfully or equitably claiming or to claim by, from, under or in trust for him, them or any of them . And it is hereby further provided, agreed and declared by and between the said Parties to these Presents that if default shall be made in payment of the said Principal Sum of Fifty Pounds or interest thereof annually, or any part thereof, respectively at the time and times hereinbefore appointed for the payment of the same respectively, it shall and may be lawful to and for the said Daniel Hodgson, his Executors, administrators or assigns at any time or times after such default shall have been so made without any further consent on the part of the said Peter Mullin, his executors, administrators or assigns, to make, sale and dispose of the said piece or parcel of land, messuages or tenements, hereditaments and Premises, hereinbefore demised or intended so to be, or any part, or parts thereof, either together or in parcels, and either by Public Auction, or private contract with full power upon any such sale or sales to make any stipulation as to title or otherwise, which he or they shall deem necessary, and also with full power to buy in the Premises or any part thereof at any sale or sales by Public Auction and to rescind any contract or contracts for the sale of the same Premises, as any part thereof and to resell the Premises which shall have so bought in or as to which any contract or contracts for sale shall have been rescinded as aforesaid without being responsible for any loss which may be occasioned thereby, and that for the purposes aforesaid or any of them, it shall and may be lawful to and for the said Daniel Hodgson his Executors, administrators or assigns to make and execute or cause to be made and executed all such agreements, deeds, assignments and assurances as he, the said Daniel Hodgson, his Executors, administrators and assigns, shall think fit, And that after any sale or sales which shall have been made under the said Power of Sale for the said Daniel Hodgson, his Executors, administrators or assigns, he, the said Peter Mullin, his executors, administrators, and assigns, shall and will stand possessors of and interested in the said One Year, of the said Term of Nine Hundred and Ninety-nine Years left in the said Peter Mullin by way of reservation as hereinbefore is mentioned, upon trust, for the Purchaser or Purchasers of the Premises comprised in the same Terms respectively and to assign or dispose of the same, as such Purchaser or Purchasers shall direct.
Provided always and it is hereby agreed and declared that the said Daniel Hodgson, his Executors, administrators or assigns will not and shall not execute the Power of Sale hereinbefore contained unless and until he or they shall have previously Given Notice in writing to the said Peter Mullin, his Executors, administrators or assigns or to the Person or Persons for the time being entitled to redeem the said Mortgaged Premises to pay off the monies which for the time being shall be due on the Security of these Presents by leaving a Notice in Writing to that effect on the Premises and default shall have been made in payment of such or some part thereof for the space of three calendar months, to be computed from time of Giving or leaving such Notice, or
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unless and until some Yearly payment of interest shall have become due on the security of these Presents or a part of some such Yearly payment shall have become in arrears after the day on which the same shall become due,
Provided also, and it is hereby agreed and declared that upon any such sale purporting to be made in pursuance of the aforesaid Power in that behalf of the Purchaser or purchasers thereat shall not be bound to see or inquire whether any such Notice shall have been Given or left as aforesaid as in the clause or provision lastly hereinbefore contained is mentioned, or whether any money remains due on the security of these presents or otherwise or as to the propriety or regularity of such sale and notwithstanding any impropriety or irregularity whatsoever in any such sale, the same shall, as far as regards the safety and protection of the purchaser or Purchasers thereat be deemed and taken to be within the aforesaid Power in that behalf and shall be sealed and effectual accordingly, and the remedy of the said Peter Mullin, his executors, administrators or assigns in respect of any breach of the clause or provision lastly hereinbefore contained shall be in damages only.
And it is hereby also agreed and declared that upon any such sale as aforesaid the receipt or receipts in Writing of the said Daniel Hodgson, his Executors, administrators or assigns for the Purchase money of the Premises to be sold shall be an effectual discharge or effectual discharge to the Purchaser or Purchasers, for the money therein respectively expressed to be received and that such Purchaser or Purchasers, after payment of his or their Purchase money shall not be concerned to see the application of such money or be answerable for any loss, misapplication or nonapplication thereof.
And it is hereby further agreed and declared that the said Daniel Hodgson, his Executors, administrators and assigns, shall hold all and singular the monies which shall arise from any sale which shall be made in pursuance of the aforesaid Power in that behalf upon the trusts following, that is to say, upon Trust in the first place by, with and out of the same monies to reimburse himself or themselves or to pay or discharge all the costs and expenses attending such sale or sales or otherwise to be incurred in or about the exercise of the said Power of Sale or in any wise relating thereto, and in the next place, Upon Trust to apply such monies in or toward satisfaction of all and singular the monies which for the Time being shall be due on the security of these presents and there upon trust to the surplus (if any) of the said monies to discharge all rent then due and in arrears to the said Andrew Thornton Todd and the balance of any unto the said Peter Mullin, his Executors, administrators or assigns for his and their proper use and benefit,
AND it is hereby also agreed and declared that the aforesaid Power of Sale shall and may be received by any Person or persons who for the time being shall be entitled to Give or discharge for the monies which for the time being shall be on the security of these Presents Provided Always and it is hereby agreed and declared that the said Daniel Hodgson, his Executors, administrators or assigns, shall not be answerable or accountable for any involuntary loss which happen in or about the execution of the aforesaid Power or Trusts or any of them,
Provided also, and it is hereby agreed and declared that the aforesaid Power of Sale of anything herein contained, shall not in any wise prejudice or effect the right of the said Daniel Hodgson, his executors, administrators or assigns to foreclose the equity of redemption of the Premises aforesaid or of the unsold part thereof for the time being.
In Witness thereof, the said parties to these Presents have hereunto set their hands and seals the day and year first within mentioned.
Signed, sealed and delivered in the presence of Wm Forgan
Fifty Pounds
Received the day and Year first within written of and from the within named Daniel Hodgson, the Sum of Fifty pounds, current money of Prince Edward Island being the full consideration money within mentioned to be by him paid to me.
Peter Mullin
Witness Wm. Forgan
O.E.D.
Assoin- a legal excuse for non-appearance; to excuse oneself, decline, refuse said piece of land.
Demise- give, grant, convey by will or lease
Heriditaments- any piece of property that can be inherited, or anything corporeal or incorporeal,that in the absence of testament descended by common law
Messuages- originally the piece of land on which a house was built.