Land Indenture between William Holme, Thomas Clark, and Samuel Street

(Cover)

I certify that a release of the within mortgage in full satisfaction for the payment thereof was [sur??i?tered] in the office of Registry for the Counties of Wentworth and [?att??] the 23rd January 1833 at 12. [illegible] [Nov?in] Lib H. folis 97 No. 94

George Durand
D7 Registrar

(Inside)

THIS INDENTURE, Made the nineteenth ------------- day of August ----------------- in the Year of our  lord one thousand eight hundred twenty four ---- Between William Holme at Dumfries [illegible] District of the one part, and Thomas Clark + Samual Street / [?amprd] [illegible] of the other part. WHEREAS, the said William Holme and his Brother Jon Holme of the Town of Niagara in the Niagara District, [illegible] by their certain Bond or Obligation, bearing equal date with these Presents, stands held and firmly bound unto the said Thomas Clark and Sammuel Street ----- in the penal sum of one thousand five hundred pounds -------------------- lawful money of Upper Canada, with the condition thereunder written, for payment of Seven Hundred and fifty pounds ------------------ and Interest thereon, according to the ------------------- like lawful, money on or before the fifth --------------- day of November ----------- in the Year of our Lord one thousand eight hundred and twenty six ------------- together with legal Interest thereon, half yearly the computed from the fifth day of November now next  insuring the date of the presents -------------- Now this indenture Witnesseth, That for and in consideration of the said debt so by the said William Holme and John Holme ----------------------------- due and owing, and for the better securing unto the said Thomas Clark and Samuel Street --------------- their executors administrators and assigns, the payment of hte said sum of Seven Hundred and fifty pounds --------------------- and Interest thereon, according to the condition of the said Bond or Obligation, and also in consideration of five shillings, money aforesaid, to William Holme in hand by the said Thomas Clark and Samuel Street well and truly paid, at or before the ensealing and delivery of these Presents, the receipt whereof the said William Holme --------------------- Doth hereby acknowledge and confess ----------------- He grant, bargain, sell, and demise unto the said Thomas Clark and samuel Street ------------------------------- their executors, administrators and assigns, All that certain parcel or Tract of Land and premises [sit????] lying and being in the Tonwship of Dumfries in the County of Halton in the District of Gore and Province of Upper Canada being comprised of Lot number twenty nine, thirty, thirty one, and thirty two in the first concession of the said Township and containing by admeasurement Eight hundred acres be the same more or less and butted and bounded or may be otherwise known as follow,s that is to say Commencing at the south East angle of the said Lot number twenty nine in the first concession of the said Township of the distance of twenty three claims thirteen Links from Dundas [?rest] being [illegible] southern boundary [illegible] of the Township, then North fifteen degrees forty minutes west eighty chains to the allowance for Road between the first and second concession, thence along the said Concession, South, seventy seven degrees West, one hundred and one chains crossing a reservation of one chain for a  Road between Lot thirty and thirty one to the north west angle of Lot thirty two thence south fifteen degrees fifteen degrees forty minutes East eight chains to the south west angle of Lot thirty two the section boundary line of the Township thence north seventy seven degrees East along the said boundary line, one hundred and one claims across the said reservation for a Road to the place of beginning ------------------
TOGETHER with the hereditaments and appurtenances, and reversion and reversions, remainder and remainders yearly, and other rents, issues and profits thereof. TO HAVE and to HOLD, the said demised premises and every part and parcel thereof, with the appurtenances unto the said Thomas Clark and Samuel Street --- their executors, administrators and assigns, from the day next before the date of these Presents, for and during and unto the full end and term of One Thousand years, from thence next ensuing fully to be complete and ended without impeachment of, or any manner of waste. PROVIDED ALWAYS, and it is hereby declared to be the true intent and meaning of these Presents, and the said parties thereto, that if the said William Holmes and John Holme, neither of them or either of their ---- heirs, executors, administrators or assigns, DO and shall on or before the said fifth ---- day of November -------- which will be in the year of our Lord one thousand  eight hundred and twenty six -------- well and truly pay or cause to be paid unto the said Thomas Clark and Samuel Street --------------------- their executors and administrators Have covenated, granted and agreed, and by these Presents, Do -------------------------------- lawful money together with legal Interest for the same, as aforesaid ---------------------- then and from thenceforth these Presents, the said term, and every matter, claus and thing therein contained, shall cease, determine, and be absolutely void to all intents and purposes whatsoever, any thing therein contained to the contrary in any wise notwithstanding. And the said William Holme and John Holme for themselves and their respective --- heirs, executors and administrators, Have covenanted, granted and agreed, and by these Presents, Do---  covenant, grant and agree, to and with the said Thomas Clark and Samuel Street, their executors, administrators and assigns, in manner following, that is to say, that, THAT they the said William Holme and John Holme --------- their heirs, executors, administrators or assigns, or some of them, shall and will, on or before the said fifth ---------- day of November which will be in the year of our Lord one thousand eight hundred and twenty six -------- wel and truly pay or cause to be paid, unto the said Thomas Clark and Samuel Street their ----- executors, administrators or assigns, the said full sum of Seven Hundred and fifty pounds ------------------------- lawful money aforesaid, together with the legal Interest thereon as aforesaid --------------------------- according to the true intent and meaning of these Presents, the above written Proviso for payment thereof, and the Condition ofthe above in part recited  Bond or Obligation, without any deduction or abatement whatsoever. And that if default shall happen according to the true intent and meaning of these Presents, the above written Proviso for payment thereof, and the Condition of the above in part recited Bond or Obligation, without any deduction or abatment whatsoever. And that if default shall happen to be made of, or in payment of the said sum of Seven hundred and fifty pounds ------------------ or the interest thereof or any part, contrary to the meaning and intent of these Presents, and the Proviso and Covenant herein before contained for payment thereof, IT shall and may be lawful, to and for the said Thomas Clark and Samuel Street their ---- executors, administrators or assigns, or any of them, from time to time, and at all times thereafter, into, and upon the said demised premises or any part thereof, to Enter, and from thenceforth peaceably and quietly have, hold and enjoy, and receive and take the rents, issues and profits of the said demised premises and every part thereof, to their own use, for and during the rest and residue which shall be then to come and unexpired of the said Term, without the let, suit, interruption or denial of the said William Holme ------------------------ his heirs or assigns, or any person or persons lawfully claiming or to claim, by, from or under them or any of them. AND LASTLY, it is declared, that until default shall so happen to be made as aforesaid, it shall and may be lawful, to and for the said William Holme his ----------- heirs and assigns, peaceably and quietly to have, hold, and enjoy the said demised premises with the appurteances, without the let, hindrance or denial of the said Thomas clark and Samuel Street ----------- their ---- theirs or assigns, or any of them. IN WITNESS whereof, the said parties to these Presents, have set heir hands and seals the day and year above written.

SIGNED, SEALED, AND DELIVERED }
IN PRESENCE OF      }

J + B Everest Wm. Holme Samuel Street
David [illegible] Jo. Holme Thomas Clark

(Back)

                        19 August 1824
William Holme + }
John Holme }
       to } Mortgage
Thomas Clark }   on
Samual Street } 800 acres -
Lots No. 29.30.31 + 32 1st Concession
Township of Dumfries - District + Town

[Note: The following text is written below here vertically]

A memorial of  the withen Mortages registered
in the Office of Register for the Counties Wentworth
and Halton the Twenty Eight September One
Thousand Eight Hundred and Twenty Four at Nine
O Clock [illegible] Lib C f 131 Memo. No. 182
                Jos. Durand
                        Register