Executors of Hiram
--- AND ---
For Sale of Land.
BORDANS & NICHOLLS, Law Stationers, 88 King Street East, Toronto,
[illegible] [?a?t] }
[all subsequent text is vertical]
COUNTY OF }
TO WIT: } D
make oath and the part thereto (italics: 3 words)
2. That the said Instrument Duplicate were executed at the (italics: 9 words)
3. That I know the said part
4. That I am a subscribing witness to the said Instrument and Duplicate (italics: 11 words)
Sword before me, at (italics: 3 words) }
in the said County of (italics: 5 words) }
this day of (italics: 3 words) }
A.D. 187 }
A. Commissioner for taking Affidavits in B.R. &c.
ARTICLES OF AGREEMENT made this Seventh day of September in the year of our Lord one thousand eight hundred and seventy six
BETWEEN Leonard A Sovereign and Banfield Capron of the Town of Paris [???med] and William H. Van Ingen of the Town of Woodstock Gentleman Executors of the last Will and Testament of Hiram Capron deceased of the first [??rt] and John Penman of the said Town of Paris woolen manufacturer of the second Part.
WHEREAS the said parties of the First Part have agreed to sell to the party of the Second Party, and the party of the Second Party hath agreed to purchase of and from the said parties of the First Part the lands, hereditaments and premises hereinafter mentioned, that is to say:
ALL and SINGULAR that certain parcel or tract of land being composed of part of Lot number thirty one situated partly in the Town of Paris in the first Concession of the Township if South Dumfries more particularly described as follows that is to say: Commencing at the Crown of the dam of the said John Penman across Smiths Creek on the Westerly side of the said dam Thence [???ing] down stream along Smiths Creek where Emily Street if produced across the said Creek would interest the same. Thence is a wested direction along the Northerly limit of Emily Street if produced two chains Thence in a Northerly direction to a point opposite the crown of the said dam and two chains distant from where the crown of the present dam touches the western bank of Smiths Creek Thence westerly parallel to the Northern limit of EMily street if produced to where such last [c???ses] would intersect the Westerly Margn of Smiths Creek down Stream to where the crown of said dam intersects the west margin of said Creek the place of beginning together with the right t overflow the lands of the Capron Estate on the East side of said Creek to such height as raising the present dam would raise and [Es???] the same [illegible] if raised three feet and no more reserving the right to said Executors and their assigns to confine the water within the present limit of the creek on the East side there of by embankment also together with a right of way to the said John Penman from William Street - along the margin of Smiths Creek as near as practicably to said lands till such time as a Bridge may be put over the said Creek between William Street and the said
above described lands intend to be sold or a street laid out
TOGETHER with all the privileges and appurtenances thereto belonging at or for the price or sum of two thousand dollars ------------------------- of lawful money of Canada payable in manner and on the days and times hereinafter mentioned, that is to say: the Sum of five hundred dollars on the execution hereof and the balance or sum of [on??th???] and and [sic] five hundred dollars in [f???] equal quarterly payments of three hundred and seventy five dollars each payable with interest at seven per cent per annum [illegible] the date thereof on each payment as it becomes due on the first day of the months of December, [mar???] time and Septembers now next ensuing, the first payment thereof to become due and be made in the said first Day of December next.
NOW IT IS HEREBY AGREED between the parties aforesaid in manner of allowing, that is to say: The said party of the Second Party, for himself his heirs, executors and administrators, DOTH COVENANT, PROMISE AND AGREE, to and with the said parties of the First Part, their heirs, executors, administrators and assigns, that he or they shall well and truly pay or cause to be paid to the said parties of the First Part, their heirs, executors, administrators and assigns, the said sum of money above mentioned, together with the interest thereon, at the rate of seven - per cent per annum, on the days and times and in manner above mentioned; And also shall and will pay and discharge all taxes, rates, and assessments wherewith the said land may be rated or charged from and after this date.
IN CONSIDERATION WHEREOF, and on payment of the said sum of money, with interest thereon as aforesaid, the present parties of the First Part, DO for themselves their executors, administrators and assigns, COVENANT, PROMISE AND AGREE, to and with the said party of the Second Part, his heirs, executors, administrators or assigns, to convey and assure, or cause to be conveyed and assured, to the party of the Second Part, his heirs or assigns, by a good sufficient deed in fee simple, All that the said piece or parcel of land above described, together with the appurtenances thereto belonging or appertaining, freed and
discharged from all Dower and other incumbrances [sic], But subject to the conditions and reservations expressed in the original grant thereof from the Crown, and such Deed shall be prepared at the expense of the said party of the second Part, and shall contain Covenants against the acts of the said parties of the first part only.
AND ALSO shall and will suffer and permit the said party of the Second Part, his heirs and assigns to occupy and enjoy the same until default be made in the payment of the said sums of money, or the interest thereof, or any part thereof, on the day and time, and in manner above mentioned; SUBJECT, NEVERTHELESS, to impeachment for voluntary or permissive waste.
AND it is expressly understood that time is to be considered the essence of this agreement, and unless the payments are punctually made at the time and in the manner above mentioned, the said parties of the First Part shall be at liberty to re-sell the said land.
The Executers also reserve the [fin??] now on said lands [illegible / crossed out] which is to [???oned] by said Executors and erected on the line securing from the Crown of the dam to the creek
IN WITNESS WHEREOF, the said parties to these presents have hereunto set their hands and seals the day and year first above mentioned
SIGNED AND SEALED } Banfield Capron
In The Presence Of } L A Sovereign
Henry [?ant] } W.H. Van Ingen