Title: (1800 November 22 INDENTURE BETWEEN James Brittain Greenwick Kings County, NB AND Thomas Peters Magerville (sic) County of Sunbury FOR Land and a mill on Grand Lake. Document type is: Legal Doc Authors: Summary: Description of property and terms of Indenture. Notes on reverse as to details of registration, etc. Also a sworn statement dated 28 January 1801 to the effect that James Peters, Justice of Inf(erior) ct. Common Pleas for Queens County confirmed James Brittain s signature and seal on the indenture. Dimensions: 14 ½ x 9 Pages: 1 Document Housed at: Saint John Free Public Library Call No.:C47 Copyright Saint John Free Public Library; all rights reserved Page 1 Material in bold is formal print, non-bold is cursory This Indenture Made the Twenty second Day of November In the Year of our LORD One Thousand Seven Hundred and Eight Hundred BETWEEN James Brittain of Greenwick in King s County and Province of New Brunswick with Esquire..... of the ONE PART; AND Thomas Peters of Magerville in the county of Sunbury and Province afores and Esquire: of the OTHER PART. WITNESSETH, that the said James Brittain in and by 2 certain Bond or Obligation under his Hand and Seal duly executed, and bearing even date herewith,
standeth bound unto said Tomas Peters in the sum of Two hundred and forty Pounds lawful money of New Brunswick Condition for the Payment of One hundred and Twenty pounds Like Money, on the first Day of December in the year next ensuing the Date hereof, which will be in the Year of our LORD One Thousand Seven Hundred and eight Hundred and one with lawful Interest for the fame, as in and by the said Bond of Obligation, related thereunto had, more at large may appear: NOW THIS INDENTURE FURTHER WITNESSETH, that the said James Brittian for and in consideration of the aforesaid Debt or Sum of One hundred and twenty pounds and for the better and more effectual securing the Payment thereof, with the Interest thereon, unto the said Thomas Peters his Executors, Administrators and Assigns, in Discharge of the said recited Obligation, and for and in consideration of the further Sum of FIVE SHILLINGS, like lawful Money, unto the said James Brittain in Hand well and truly paid, by the said Thomas Peters at or before the Ensealing and Delivery hereof, the Receipt of which FIVE SHILLINGS is hereby acknowledged, he the said James Brittian hath granted, bargained, fold, aliened enfeoffed and confirmed and by these Presents doth grant, bargain, sell, alien, enfeoff and confirm unto said Thomas Peters and to his Heirs and Assigns, ALL That certain Message and Lot of Land situated on the South east side of the Grand Lake, nearly opposite of Grand Point, in the parish of Waterboro in Queens County and Province aforesaid bring the Lot known by the number four in Misbrans Survey and granted by the Crown to one William James on containing two hundred acres by the same more on cap. And also two other Lots of land situated one on the east side of the before described Lot and known by the number three and five in the same survey and containing
by estimation two hundred acres each the same Lots being in my Possession TOGETHER, with all singular the Mill standing on the lot number four and other buildings impu Improvements, Ways, Waters, Water-courfes, Lights, Easements, Right, Liberties, Privileges, Hereditaments and Apurtenances whatsoever unto the said Lots or Grants of Land belonging or in anywise appertaining; and the Reversion and Reversions, Remainder and Remainders, Rents, Issues, and Profits thereof, and of every Part thereof; AND, all the Estate, Right, Title, Interest, Property, Claim and Demand whatsoever, of him that said James Brittian either in Law or Equity or otherwise howsoever, of, in and to all and singular the Premises, and of, in and to every Part and Parcel thereof. TO HAVE AND TO HOLD, the aforesaid Mr Peters lots of Land Hereditaments and Pemises hereby granted, bargained and sold, or mentioned or intended so to be, with their Appurtenances, unto the said Thomas Peters his Heirs and Assigns; to only proper Use, Benefit and Behoof of the said Thomas Peters his heirs and Assigns FOR EVER. PRO- VIDED ALWAYS NEVERTHELESS, that if the said James Brittain his Heirs, Executors or Administrators, or any of them, shall do well and truly pay or cause to be paid, unto the said Thomas Peters his Executors, Administrators or Assigns, the aforesaid Debt or Sum of One hundred and Twenty pounds on the first day of December aforesaid, which will be in the Year of our LORD One Thousand Seven Hundred and eight hundred + one together with lawful Interest for the fame, without and Fraud or further Delay, and without any Deduction, Defalcation or Abatement to be made, of any thing, for or in respect of any Taxes, Charges or Assessments whatsoever, that then and from thenceforth, as well this present Indenure and the Estate hereby granted, as the said recited Obligation, shall become null, void and of none effect, any thing herein before contained to the contrary thereof, in anywise notwithstanding. IN WITNESS whereof, the said Parties, to these Presents, have interchangeably set their Hands and Seals hereunto. Dated the Day and Year first above written.
Sealed and delivered in } the Preference of us } Sally Wetmore James Brittain Thomas Wetmore Page 2 Queen s County in} Ba is remembered that on the twenty New Brunswick} eighth day of January in the year of our lord one thousand eight hundred and one before madam Peters esquire one of the justices of the Superior Court of Common Pleas for Queen s county persons ally came and affirms the written name James Brittain Esquire and acknowledges the signed sale and delivers the written written mortgage as and for his Will and Deed for the uses and purposes in the fame contained. ---- James Brittain. Justice of Int C Common Pleas
Received unto the Regents office for Queens County as Gage Town 31 June 1801 and entered the 21 day March in the Book D pages. 277. 278 & 279. being Number 735~ Vall Peters Dep: Beg N π 735 Mortgage J.Brittain J. Brittain } For Mill to } & Lots in T. Peters } Waterboro } Queen s Co Received unto the pages in office for Queens County at Gage Town. 31 January 1801- ~