Indenture between Thomas McNaughten and John Hodges Winsloe
[Leases, Township 33, Lease #103]
This Indenture, made the First day of October in the year of our Lord One Thousand Eight Hundred and Twenty ["five" missing?] between John Hodges Winsloe of Trellich in the county of Monmouth in that part of the United Kingdoms of Great Britain and Ireland called England, Esquire of the one part, and Thomas McNaughten of Prince Edward Island, Farmer of the other part, Witnesseth that for and in consideration of the Yearly Rents, Covenants, Agreements, and Provisos herein after mentioned, referred and contained on the part and behalf of the said Thomas McNaughton his 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 lenten, and by these Presents, do grant, demise, lease, let, and to Farm let unto the said Thomas McNaughten, his Heirs, 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 Price Edward and is butted and bounded as follows: Commencing at the North East corner of Land in the occupation of Dougle McCullum from thence North Twenty one Chains thence West Forty seven Chains Fifty links thence South Twenty one Chains thence East to place of commencement and is a part of Lot or Township Number Thirty Three containing by estimation One Hundred acres of Land be the same little more or less. TO HAVE AND TO HOLD the said One Hundred acres of Land above mentioned, with all Ways, Watercourses, and Appurtenances whatsoever unto the said Thomas McNaughten, his Heirs, Executors, Administrators, and Assigns from the first day of October last past, for and during and unto the full end and term of Nine Hundred and Ninety Nine Years, from thence next ensuring, fully to be complete and ended, and the said Thomas McNaughten for himself, his Heirs, Executors, Administrators, and Assigns doth hereby covenant, promise and agree to and with the said John Hodges Winsloe Heirs and Assigns, that he said Thomas McNauthton, Heirs, Executors, Administrators and Assigns, shall, and will, well, and truly pay or cause to be paid yearly and every year unto the said John Hodges Winsloe, Heirs and Assigns the yearly Rent of one Barley Corn for first three years, four pence sterling per acre for next seven years, nine pence sterling per acre for next ten years, one shilling sterling per acre for next eighty years, and two Shillings sterling for Eight Hundred and Ninety Nine years clear and above all Quite Rents, Taxes, Assessments or 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 Places as he or his Attorney shall appoint in the said Island, beginning the first payment upon the First day of October One Thousand Eight Hundred and Twenty Six. 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 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, re-possess and enjoy as in his first and former Estate or Estates, and the said Thomas McNaughten 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, amove [sic] any thing 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 timber, and free liberty at any time during 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, Heirs or Assigns allowing sufficient Timber for repair of Houses and Buildings on said Premises.
The said Thomas McNaughten for himself his Heirs, Executors, Administrators and Assigns, Covenant, Promise, and Agree to the within written conditions and hath hereunto set his hand and seal.
IN WITNESS WHEREOF William 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.
Wheat, Barley or oats to be taken in payment with deduction for freight from Halifax Price.
Signed Thomas McNaught
John Hodges Winsloe by Wm Hodges his Atty
Signed and sealed in manner within expressed in presence of James Townsend, John Howell