This Indenture made the twelfth day of December in the year of our Lord one Thousand Eight Hundred and Sixteen
BETWEEN Hugh Alexander, of the Township of Stamford in the County of Lincoln in the District of Niagara, and Province of Upper Canada Esquire, and Peter Thompson, Archibald Thompson, and James Cooper, of same place, yeomen, Trustees of the Presbyterian Congregation of the Township of Stamford, aforesaid of the first part,
and Bartholomew Crannell Beardsley of Niagara County of Lincoln in the District of Niagara, and Province aforesaid Esquire of the second part; WITNESSETH that the said parties of the first part, for and in consideration of the sum of Five Shillings lawful money of the Province aforesaid, to them in hand paid, the receipt whereof is hereby acknowledged, and of the rents, covenants, and conditions hereinafter contained on the part of the said party of the second part, his executors, administrators and assigns, to be paid, kept and performed, HAVE demised, granted, leased and to farm let, and by THESE PRESENTS do demise, grant, lease and to farm let unto the said party of the second part, his executors, administrators and assigns, all that Lot, Piece or Parcel of ground, situate, lying and being in the Township of Stamford aforesaid, being part of lot number Forty Four [handwritten] in the said Township of Stamford, containing by admeasurement two acres and twenty four rods [handwritten] which said piece or parcel of ground is known and distinguished on the PLAN or MAP of the TOWN of STAMFORD, in the said Township of Stamford by lot number four [handwritten] and is butted and bounded, and may be otherwise known as follows, that is to say : COMMENCING [handwritten description of lot]at the South East angle of said park lot number 4, thence West three chains and sixteen links thence North six chains and eighty one links, thence East three chains and sixteen links to St. Andrew Street, thence South along St. Andrew Street six chains and eighty one links to the place of beginning.
TO HAVE AND TO HOLD, the said lot, piece, or parcel of ground abovementioned, unto the said party of the second part, his executors, administrators, and assigns, from the day of the date hereof, for and during the full end and term of twenty one years, from thence next ensuing and fully to be complete and ended, YIELDING and PAYING therefore yearly, and every year during the said term, to the said parties of the first part, their heirs and assigns, at the town of Stamford aforesaid, the yearly rent or sum of sixteen shillings and nine pence half penny lawful money of the Province aforesaid, the moiety of the said sum of sixteen shillings and nine pence half penny or first year's rent, to be paid at the time or before the sealing and delivery of THESE PRESENTS and the residue of said sum of thirty four shilling and ten pence or remaining moiety of the said first year's rent, on or before the thirtieth day of November next ensuing, which will be in the year of our Lord, one thousand eight hundred and seventeen, and the yearly rent aforesaid on or before that day in each and every succeeding year during the continuance of the term aforesaid.
AND the said party of the second part, for himself, his executors, administrators, and assigns, doth covenant and grant to and with the said parties of the first part, their heirs assigns by THESE PRESENTS in manner following, that is to say: that he and the said party of the second part, his executors, administrators and assigns, shall and will well and truly pay or cause to be paid unto the said parties of the first part, their heirs and assigns, the said yearly rent above reserved at the town of Stamford aforesaid, on or before the day aforesaid in each and every year during the said term, according to the true intent and meaning of THESE PRESENTS, clear of, and over and above all taxes and reprises whatsoever.--And also, that he the said party of the second part, his executors, administrators and assigns, shall and will from time to time, during the term of this present demise, bear, pay and discharge all taxes, charges and assessments, ordinary and extraordinary, which may hereafter at any time during the continuance of the said term be imposed or charged on the said demised premises, or any part thereof or on the said parties of the first part, their heirs and assigns, for or in respect of the said premises or any part thereof and shall and will indemnify the said parties of the first part, their hers, executors, administrators and assigns, of from and against all damages, costs and charges, which he or they may at any time sustain or he put to by reason of any neglect in the due and punctual discharge and payment of the said taxes, charges and assessments.
AND the said parties of the first part for themselves, their heirs and assigns, do covenant and grant to and with the said party of the second part, his executors, administrators and assigns, by THESE PRESENTS, that he the said party of the second part, his executors, administrators and assigns, shall or may at all times, during the said term hereby granted, by and under the yearly rent, covenants, conditions and agreements, herein contained, peaceably and quietly have, hold, occupy, possess and enjoy, all and singular the said premises hereby demised and every part and parcel thereof, with the appurtenances without the let, trouble, hindrance, molestation, interruption and denial of them the said parties of the first part, their heirs or assigns, or of any person or persons whatsoever, lawfully claiming or to claim the same, or any part or parcel thereof: PROVIDED always, and THESE PRESENTS are upon this CONDITION, NEVERTHELESS, and it is the true intent and meaning-of THESE PRESENTS, that if it shall happen that the yearly rent herein before reserved shall be behind and unpaid in part or in all, by the space of thirty [handwritten] days after the same ought to be paid according to the reservation aforesaid, and no sufficient distress can or may be found in and upon the premises, whereby the same with the arrears thereof (if any shall happen to be) can be made; or of the said party of the second part, his executors, or administrators and assigns, shall not well and truly observe, keep and perform all and singular the covenants and agreements on his or their parts to be observed, kept and performed, according to the true intent and meaning of THESE PRESENTS, that then and from thenceforth in any of the said cases, it shall and may be lawful to and for the said parties of the first part, their heirs and assigns, into and upon the said hereby demised promises, or any part thereof, in the name of the whole to re-enter, and the same to have, again repossess, and enjoy, as in his or their first and former estate and right, THIS INDENTURE, or anything herein before contained to the contrary thereof in any wise notwithstanding.
IN WITNESS WHEREOF, the parties to THESE PRESENTS have interchangeably hereunto set their hands and seals, the day and year first above written. SIGNED SEALED, AND DELIVERED, IN PRESENCE OF US,
[signatures of:]
Hugh Alexander
Peter Thompson
Archibald Thompson
James Cooper
Bartholomew Crannell Beardsley
[?]
John Knox
