THIS INDENTURE made the Tenth day of June in the Year of our Lord One Thousand Eight Hundred and thirty-four,
BETWEEN Andrew Thornton Todd, of Buncrana Castle, in the County of Donegal, in Ireland, at present residing in Prince Edward Island, Esquire, of the one part, and Thomas Barrett, of Lot or Township Number Nineteen, in the said Island, Farmer,
WITNESSETH that for and in consideration of the Yearly Rents, Covenants, Provisoes, hereinafter mentioned, reserved and contained, and of the part and behalf of the said Thomas Barrett, his Executors, Administrators, and Assigns, to be paid, kept done and performed, 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 Thomas Barrett his Executors, Administrators and Assigns, ALL that Tract, Piece or Parcel of Land, situate, lying and being in Saint David's Parish, in the County of Prince County, in the said Island,
Commencing at a stake fixed on the West side of Prince Town Road at the South East Corner of James Crossier's land, thence running West one hundred and eight chains to Douglas's line thence South five chains and forty-five links to Douglas's line thence East on said line to the North East Corner of Douglas's land, thence South Seventy (sic:Seventeen) chains and fifty links to the Bedeque Road, thence Easterly along said road Twenty-two Chains and forty links to the five lanes ends, thence along the Princetown Road twenty-two chains to the place of beginning, and is part of the said Lot or Township Number Nineteen (19) in the said Island containing by estimation Ninety-five (95) acres of land be the same little more or less, together with all Buildings, Woods, Underwoods, Ways, Waters, Watercourses, Profits, Commodities, Privileges, Advantages, and Appurtenances whatsoever, to the said hereby demised Premises belonging, or in any wise appertaining---
TO HAVE AND TO HOLD the said Piece or Parcel of Ground and Premises hereby demised, with the Appurtenances, unto the said Thomas Barrett, his Executors, Administrators and Assigns, from the First day of May, last past for and during and unto the full end and term of Nine Hundred and Ninety-nine Years, from thence next ensuing, fully to be complete and ended
YIELDING AND PAYING therefore Yearly and every Year during the said Term hereby granted, unto the said Andrew Thornton Todd, his Heirs and Assigns, the Yearly Rent of Seven pence Stirling per acre for the first year and to increase one penny Stirling yearly per acre until the yearly rent shall amount to One Shilling Sterling per acre, at which it shall remain during all the term hereby demised, clear over and above all Quit-Rents, Land Taxes and other Public Burdens, now imposed, or to be imposed on the said Premises, Charges or Deductions whatsoever, by Yearly Payments, that is to say, on the first day of May, in each Year, the first Payment thereof to begin and be made on the first day of May next. AND the said Thomas Barrett for himself, his Executors, Administrators and Assigns, doth hereby covenant, promise and agree to and with the said Andrew Thornton Todd, his Heirs and Assigns; that the said Thomas Barrett, his Executors, Administrators, or Assigns, shall and will, well and truly pay or cause to be paid unto the said Andrew Thornton Todd, his Heirs or Assigns, the Yearly Rent hereby reserved, as and when the same shall become due and payable, without making any deduction or abatement whatsoever
PROVIDED ALWAYS, that if the said Rent, shall be in arrear for the space of Thirty Days after the Day hereinbefore appointed for the payment of the same, and the said Rent shall be lawfully demanded upon or at any time after the expiration of the said Thirty Days, and not paid when demanded, then it shall and may be lawful to and for the said Andrew Thornton Todd, his Heirs or Assigns, either to sue or distrain for the same, or into and upon the said demised Premises to re-enter, and the same to have again, retain, re-possess and enjoy as in his first and former Estate, and the said Thomas Barrett and off other Occupiers and Possessors thereof thereout and from thence utterly to expel, put out and amove, any thing herein contained to the contrary notwithstanding:
AND the said Andrew Thornton Todd, for himself, his Heirs, Executors, and Administrators, doth hereby covenant, promise and agree, to and with the said Thomas Barrett, his Executors, Administrators and Assigns, that he or they paying the Yearly Rent hereby reserved, in manner aforesaid, and performing the aforesaid Covenant in that behalf shall and may, at all times hereafter, peaceably and quietly, have, hold, use, occupy, possess and enjoy, the said Land and Premises hereby demised, for all the Term hereby granted, without the lawful let, suit, trouble, eviction, or disturbance of or by the said Andrew Thornton Todd, his Heirs or Assigns, or of or by any other Person or Persons lawfully claiming to cliam the said hereby Premises or and Part or Parcel thereof.
AND ALSO, that the said Thomas Barrett, his Executors, Administrators and Assigns, shall not nor will, at any times during the continuance of the said term hereby granted, assign or set over the present Indenture or Lease to any Person or Persons whomsoever, without the consent in writing of the said Andrew Thornton Todd, his Heirs, Executors, Administrators, or Assigns, for that purpose first had and obtained, not without first making offer of the same to the said Andrew Thornton Todd, his Heirs, Executors, Administrators or Assigns, who, upon giving as high a Price therefor as any other Person, shall receive an Assignment thereof from the said Thomas Barrett, his Executors, Administrators or Assigns.
IN WITNESS WHEREOF, the said Parties to these Presents have hereunto set their Hands and Seals the Day and Year first above written.
(Signed and sealed)
A. T. Todd,
Lease 11, Lot 19
Thomas Barrett died July 1, 1842. His wife Margaret got the lease, (Liber 60, Folio 430) in her own name; but William Bowlan lived where James Crozier was living. The property was sold in 1861 to Jessie Carruthers (Liber 95, Folio 946.) Andrew Thornton Todd moved to Toronto, Canada. Barrett's Cross became Kensington.