The Indenture of Alexander Campbell, 1830

Indenture Between Alexander Campbell and Thomas Sims, William Clark, Sureties Jan 13, 1830

Accession Number RGConveyances 1769-1872
Item Number Liber 36 Folio 179

This Indenture made the thirteenth day of January in the year of our Lord one thousand eight hundred and thirty Between Alexander Campbell of Charlotte Town in Prince Edward Island Esquire and Sarah, his Wife on the one part and Thomas Sims and William Clark both of the said Island Merchants as Sureties to Government for the fidelity of the said Alexander Campbell as Treasurer of the said Island, and on behalf of themselves and all others who are such Sureties of the other part. Witnesseth that in consideration of such Anuityship as an indemnification against risques to his said Sureties and in consideration of Five Shillings they the said Alexander Campbell and Sarah, his Wife have and each of them hath granted, bargained, sold, aliened, released, confirmed, assigned, transferred and set over. And by these presents do and each of them doth grant, bargain, sell, alien, release, confirm, assign, transfer and set over unto the said Sureties All this the said Alexander Campbell's real and Personal estate whatsoever and wheresoever situate, a Schedule of the Goods and Chattels of the said Alexander Campbell in his possession so far as he can at present collect the same being written at foot of these presents together with all hereditaments and appurtenances to this and real estate belonging and the reversion and reversions, remainder and remainders, rents of such, and profits thereof. And all the estate right bills, interest, property, in his possession. And demand whatsoever both at law and in equity of them the said Alexander Campbell and Sarah his wife of, in and to all and singular the premises aforesaid, And all books of account and documents or proofs of Debts due and owing to him the said Alexander Campbell either solely or jointly with any other person or persons and due from any person whomsoever. And the said Alexander Campbell hereby agrees that the said Sureties shall not be liable to any loss in case they shall not think proper to Sue for all or any of the said Debts or on the grounds of any neglect on their part in recovering or collecting the same. To have and hold all and singular the premises aforesaid unto all the said Sureties, their heirs, executors, administrators, and assigns forever rendering unto the said Alexander Campbell any overplus that may be after they shall be fully indemnified and released as such Sureties. And the said Alexander Campbell hereby covenants with the said Sureties to warrant and defend the said premises unto them against all claims except such as now legally affect the same and heretofore made or created by the said Alexander Campbell and to grant and execute to them or those claiming by from under or in trust for them and their heirs, executors, administrators and assigns all reasonable and lawful further appurtenances for better conveying and assigning the premises aforesaid. And the said Alexander Campbell doth appoint his said Sureties jointly and severally by Attornies to recover all Monies due to him and to make receipts for the same. And lastly it is hereby agreed that after these presents are executed and the said Sureties are put in possession of the Goods and Chattels hereby bargained, sold, and assigned to them, that they may leave such of the said Chattels in their possession keeping and use of the said Alexander Campbell as they shall see proper but at his risk and expence of keeping and to be delivered up by him to them or any of them on demand. And the said Alexander Campbell hereby appoints his son, Alexander Campbell Junior by Attorney to take and deliver possession of the Chattels to the said Sureties or one of them for the whole, on behalf of them, the said Alexander Campbell In Witness whereof the said parties to these presents have hereunto set their hands and seals this day and year first herein written.

Sealed and delivered and possession of the Goods and Chattels
bargained and sold as aforesaid and delivered by the said Alexander
Campbell to William Clark one of the Sureties on behalf of
the whole of the Sureties by the said Alexander Campbell
as attorney of the said Alexander Campbell delivery to the said
William Clark one Chair in the name of the whole premises, in
the presence of :
John A. Campbell
Major Hooper

Alex'r Campbell (LS)
Sarah Campbell (LS)
Thos. Sims (LS)
One of the Sureties
Wm Clark (LS)
One of the Sureties

The Schedule

1 large dining table
1 Side Board
1 Card Table
1 Carpet
8 Mahogany Chairs
6 Bed Room d.o.
4 ?Window Curtains
1 Large Peir Looking Glass
1 Small d.o.
4 Washhand stands
1 Mahogany (d.o.?, unwritten)
1 Chest Drawers
1 Large Hall Table & Lamps
1 Small Dining Table
4 Mettle dish Covers
5 Iron Pots and Bake Pans
1 Large Tea Urn
1 Bagatelle Board
2 Bell Ropes
1 Yoke Oxen 1 Bull
5 Cows Two 3 years old Heifers
2 two Years old
2 Mares, 1 Horse, 2 fillies.
40 Sheep 2 pair dog Irons
1 Fender 1 set fire Irons
1 Copper Warming Pan
1 Large Tea Tray
1 Mahogany Supper Tray
1 Birch d.o.
2 Pair large Silver plated
4 d.o. Bedroom d.o.
2 Quarts Decanters
1 Silver Liquor Stand
1 Toast d.o.
the library and Books
1 Horse Cart
1 Ox d.o.
2 Sleighs and Harnesses
1 Pair Harrows
1 Large Sun Boiler
1 Large Office Desk
1 Portable d.o.
1 Large Beam and Scales
1 Pair small Scale and Weights

Be remembered that on this thirteenth day of January 1830 before one Major Hooper, Esquire one of his Majesties Justices of the Peace for Prince Edward Island personally appeared Sarah Campbell Wife of the within named Alexander Campbell and being by me solely and separately examined apart from her said Husband did acknowledge that the within written Indenture was by her duty executed as and for her free and voluntary act and deed and that she executed the same without the compulsion of force of her said husband and at the time of the execution thereof she knew the same to be a conveyance of the estates and premises herein mentioned to the witnesses named Thomas Sims and William Clark on behalf of themselves and others as Sureties as within mentioned free and clear of all claim and demand of her, the said Sarah Campbell in respect to their dower or otherwise.

Major Hooper, J.P.

This Bill was duly Registered
On the oaths of John A.
Campbell and Major
Hooper the subscribing witnesses

  Which I Certify
J. P. Collins

John A. Campbell swore he saw Alex'r Campbell sign his name and Thos. Sims one of the Sureties and W. Clark, one of the Sureties, sign their names to the within Deed, before me on the 24th of February 1830 - and Major Hooper swore he saw Sarah Campbell sign her name to the same, before him on the 26th.

J. P. Collins

Note: This was ALEXANDER Campbell (1778 - Oct 29, 1856), son of James Campbell and Eliza Ann Townsend. His wife, Sarah (1786 - Sep 30, 1843), was the daughter of the Rev. John Urquhart. Alexander was an MLA, and became the Treasurer of Prince Edward Island in 1828. In 1830, following the signing of this document, he and his family left the Island for New Brunswick. John and Sarah had ten children.

A photocopy of this document was provided by Fred Dimond, c/o steve [at] dimond[ dot] ca 08/21/2002, and it was transcribed by Dave Hunter, [email protected] 08/21/2002.

Uploaded: 08/22/2002 4:19:54 PM
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