Indenture Betwixt James Bardin Palmer and Richard Bagnall for the Halfway House, Lot 22, Apr 23, 1813.
This Indenture made the Twenty third day of April in the year of our Lord One thousand eight hundred and thirteen Between James Bardin Palmer of Charlottetown Esquire of the one part And Richard Bagnall of the same place Gentleman of the other part Witnesseth that for and in Consideration of the Yearly Rents Covenants and Agreements hereafter reserved and mentioned on the part of the said Richard Bagnall his Executors Administrators and Assigns to be paid done and performed He the said James Bardin Palmer Hath demised Let and to Farm Letter And by these presents Doth Demise Let and to Farm Let unto the said Richard Bagnall All That piece or parcel of Land situate lying and being in the Parish of Grenville in Queens County in the said Island and which is part and parcel of lot or Township number Twenty two (22) bounded by a line Commencing at a stake upon the West Road fifteen Chains to the North West of a small Creek or Run of Water situated at the said Road at the distance of Sixteen Miles and fifty links or thereabouts from Charlottetown and the said line running a Southeast Course along the said Road in front for the distance of fifteen Chains and which said Land is bounded by side lines running back at right angles with the said Road a sufficient distance to include One Hundred Acres of Land little more or less Together with all the Wood and Underwood Lands Tenements and Appurtenances whatsoever to the said Premises belonging or appertaining excepting and always reserving out of this Demise to the said James Bardin Palmer his Heirs and Assigns All Royalties Quarries Mines and Minerals which now are or which at anytime hereafter shall or may be found on the said Demised Premises or any part thereof with the liberty of digging raising and carrying away the same making Restitution for any damage that may be done thereby To Have And To Hold the said Premises with the Appurtenances (except as before excepted) unto the said Richard Bagnall his Executors Administrators and Assigns from the day of the date of these Presents for and during and until the full end and Term of One thousand years from thence next ensuing and fully to be complete and ended He the said Richard Bagnall his executors Administrators and Assigns Yielding and Paying therefore and thereout Yearly and every Year during the Term hereby Demised the Yearly Rent of one pepper corn on every first day of November (if the same shall be lawfully demanded) over and above all quit Rent Taxes or other Charges now raised or levied or hereafter to be raised or levied on the said Demised Premises or any part thereof And also Yielding and Paying therefore yearly and every year during the Term hereby demised unto the said James Bardin Palmer his Heirs and Assigns from and after the first Year of the said Term and every first day of November the Rent of Five pounds of lawful current money of the said Island for each and every year that the said Richard Bagnall his Executors Administrators or Assigns shall omit to Cause or procure to be kept upon some part of the said Demised Premises nearly adjoining to the aforesaid West Road one Good Public Inn or Tavern with Beds and Entertainment sufficient for the accommodation of Travellers with Stabling and Provender for their Horses or Cattle the first payment of the said Yearly Rent of Five pounds to be made on the first day of November which shall next happen after default shall be made in the keeping of the said Public Inn and Stabling in manner before mentioned And if it shall happen that the said Contingent Yearly Rent of Five pounds (in case the same shall become due and payable as before mentioned) shall be behind or unpaid by the space of Twenty one days next over or after any of the said Days or times whereon the same is appointed to be paid as aforesaid that then and as often as it shall so happen it shall and maybe lawful to and for the said James Bardin Palmer his Heirs and Assigns into the said Demised Premises or any part thereof to enter and distrain and the distress and distresses then and there found to take lead drive and carry away and the same to dispose of according to Law for or towards satisfaction of the said Contingent Rent and arrears of Rent if no sufficient distress or distresses shall or may be found to satisfy the said Contingent Rent so eventually in Arrear that then it shall and maybe lawful to and for the said James Bardin Palmer his Heirs and Assigns into the said Demised Premises or any part thereof in the name of whole to reenter and the same to have again repose and enjoy as in his and their first and former Estate anything herein contained to the contrary notwithstanding And the said Richard Bagnall doth hereby for Himself his Executors Administrators and Assigns Covenant Promise and Agree to and with the said James Bardin Palmer his Heirs and Assigns in manner following this is to say that he the said Richard Bagnall his Executors Administrators and assigns shall and will from time to time and at all times during the Term hereby demised after the first year thereof cause or procure to be kept on some part of the said Demised Premises nearly adjoining to the aforesaid West Road one good Public Inn or Tavern with Beds and Entertainment sufficient for the accommodation of Travellers and with Stabling and Provender for their Horses or Cattle And Also that he the said Richard Bagnall his Executors Administrators and Assigns shall and will well and truly pay or cause to be paid unto the said James Bardin Palmer his Heirs and Assigns the said contingent Yearly Rent or sum of Five pounds (in case any such shall happen to be incurred) at the days and times and in manner herein before appointed for the eventual payment thereof according to the true intent and meaning of these Presents and shall and will at the end expiration or other sooner determination of this Demise which shall first happen leave quit surrender and deliver up the same in good and Tenantable repair Order and Condition to the said James Bardin Palmer his Heirs and Assigns And the said James Bardin Palmer doth hereby for himself his Heirs and Assigns Covenant Promise and Agree to and with the said Richard Bagnall his Executors Administrators and Assigns that he and they duly paying the said reserved Yearly Contingent Rent (in case any such shall happen to be incurred) in manner and on the days and times herein before appointed for the eventual payment thereof and performing the Covenants and Agreements hereby reserved and mentioned shall and may Peaceably and Quietly have hold occupy possess and enjoy the said Demised Premises with the Appurtenances and every part thereof during the Term hereby demised without the Let Suit Trouble Eviction Denial or Interruption of him the said James Bardin Palmer his Heirs and Assigns or any other person or persons whatsoever Claiming or Deriving from or under him or any of them In Witness Whereof Samuel Nelson Samuel Bagnall of Charlottetown Merchants and Charles Serani of the same place Esquire have by virtue of a Power of Attorney bearing date the third day of October One thousand Eight Hundred and twelve and duly Registered in the proper Office signed the name and affixed the seal of the said James Bardin Palmer and said Richard Bagnall hath hereunto put his hand and Seal the day and year first above written
James Bardin Palmer
By Samuel Nelson his attorney (power of) James Bardin Palmer
By Samuel Bagnall his attorney (power of) James Bardin Palmer
By Charles Serani his attorney (power of) Richard Bagnall