No 132
Dated 6th. June 1853
J.H. Winsloe Esq.
To
Eliza Smith
Lease of 25 Acres
Part of Lot 33 Winsloe Road
Deed A 1 Folio 34
24 January 1878
This lease duly Signed
by me to the Comm. Of Public
Lands on my becoming the
purchaser of the …of
the within described land and
premises.
Oct 13/71 (signed) George Smith
[On the back of the Indenture was penned:]
"Be it remembered that on this 13th. Day of Jany. 1869 I have assigned all my Right title and Interest-to-the-within, to my son George Smith.
Signed and Sealed in the presence of (signed) Patr. McCoubrey
Witness my Hand and Seal (signed) Eliza Smith
THIS INDENTURE, made the …fifth… day of …June… in the Year of our Lord One Thousand Eight Hundred and …Forty Three… BETWEEN JOHN HODGES WINSLOE, of Trelleck, in the County of Monmouth, in that part of the United Kingdom of Great Britain and Ireland, called England, Esquire, of the one part, and …Eliza Smith Wife of Henry Smith… of Prince Edward Island, …Winsloe Road… of the other part, WITNESSETH that for and in consideration of the yearly Rents, Covenants, Agreements, and Provisos, hereinafter mentioned, reserved and contained on the part and behalf of the said …Eliza Smith, her… Heirs, Executors, Administrators and Assigns, to be paid, kept, done, and performed, he the said JOHN HODGES WINSLOE, hath granted, demised, leased, set, and to Farm letten, and by these, Presents do grant, demise lease, set, and to farm let unto the said …Eliza Smith… Executors, Administrators and Assigns, all …that… tract, piece, or parcel of Land, situate, lying and being in the Parish of Charlotte in the said Island of Prince Edward, abutted and bounded as follows …on the west side of Winsloe Road, at the South East corner of Land in possession of George Smith, thence West Eighteen Chains and Fifty Links, thence South Thirteen Chains & Fifty Links, thence East to Winsloe Road, thence North to the place of Starting and is part of Lot or Township Number Thirty Three.… containing by estimation …Twenty Five… Acres of Land, the same a little more or less, TO HAVE AND TO HOLD the said …Twenty Five… acres of Land above mentioned, with all Ways, Watercourses, and Appurtenances whatsoever unto the said …Eliza Smith, her… Heirs, Executors, Administrators and Assigns, from First day of October, last past, for and during and unto the full end and Term of …Nine Hundred Ninety Nine… Years, from thence next ensuing, fully to be completed and ended, and the said …Eliza Smith… for…herself, her… Heirs, Executors, Administrators and Assigns, doth hereby covenant, promise and agree to and with the said JOHN HODGES WINSLOE, his heirs and Assigns, that she, the said …Eliza Smith, her… Heirs, Executors, Administrators, or Assigns, shall and will, well and truly pay or cause to be paid yearly and every year unto the said JOHN HODGES WINSLOE, his heirs and Assigns the Yearly Rent of …one Shilling Sterling money of Great Britain per Acre For the first ninty years of said term hereby demised and for the residue of the term the yearly rent of Two Shillings & Sixpence Sterling per Acre clear over and above all Quit-Rents, Taxes, Assessments, and other Public Burdens imposed or to be imposed on the said Premises, charges or deductions whatsoever, the said Rent to be paid yearly and every year upon the First day of October, unto the said JOHN HODGES WINSLOE, his heirs or Assigns, or to his Attorney, at such place, as he or his Attorney shall appoint in the said Island, beginning the first terms payment upon the First day of October, One Thousand Eight Hundred and …Fifty-Three… provided always, nevertheless, and it is the true intent and meaning of these presents and of the parties hereunto, that if it shall happen that the said Rents, or any part thereof, shall be behind and unpaid for the space of thirty days next after the same ought to be paid, as aforesaid, that then and from thenceforth it shall and may be lawful to and for the said JOHN HODGES WINSLOE, his Heirs or Assigns, either to sue or distrain for the same, or into and upon the said demised premises, or any part or parcel thereof, with the Appurtenances, in the name of the whole, to re-enter, the same to have again, retain, repossess and enjoy, as in his or their first and former Estate or Estates, and the said …Eliza Smith, her… Heirs, Executors, Administrators, and Assigns, and all and every the Occupiers or Possessors of the said demised Premises, from thence utterly to expel, put out and amove, anything herein contained to the contrary thereof in any wise notwithstanding: provided always, and it is to be understood, that the said JOHN HODGES WINSLOE, reserves to himself, his Heirs and Assigns, the use of all Streams of Water and the Timber, and free liberty at any time during the said Term, to cut and carry away from the said Land hereby leased any kind of Timber growing thereon, without payment or deduction of Rent or remuneration whatsoever, the said JOHN HODGES WINSLOE, his Heirs or Assigns, allowing sufficient Timber for repair of Houses and Buildings on said Premises.
The said …Eliza Smith… for ...herself, her... Heirs, Executors, Administrators and Assigns, covenant, promise and agree to and with the within written conditions, and hath hereunto set …her…hand and seal.
In Witness whereof, WILLIAN HODGES, of the said Island hath hereunto set the hand and affixed the Seal of the said JOHN HODGES WINSLOE, by Virtue of a Letter of Attorney for that purpose duly executed and registered.
Error:…First years rent six pence per acre and second year nine pence and then at one Shilling **
(Signed) J. H. Winsloe by Wm. Hodges his attorney
(Signed) Eliza Smith, her mark
Signed Sealed and Delivered in presence of John Clements
(Note: words in italics and between "…" are hand written portions of the lease)
(Appended to the lease)
6 June 1853
It is understood that if the said Henry Smith should survive his Wife Eliza that the land is to be his but so long as She lives She is to have full right in it.
(Signed) Eliza Smith, her mark
(Signed) Henry Smith, his mark
( Signed by Witnesses) W. Hodges and John Clements