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ASSIGNEES OF CROSBIE
TO
GREGORY OLIVE

RELEASE OF PREMISES
PLANTATION PREMISES
NEWFOUNDLAND

 

Dated: 17th, December 1772

 

 

Page 2

This Indenture of Three Parts made, the Seventeenth Day of December in the Thirteenth Year of the Reign of our Sovereign Lord George the Third and in the year of our Lord One Thousand Seven Hundred and Seventy Two - Between Thomas Case, Joseph Brooks the younger, Thomas Earle, Thomas Wycliff, Thomas Huddleston, Thomas Carter and Alexander Nottingham all of Liverpool in the County of Lancaster Merchants (ASSIGNES of the Estate and Effects of John Crosbie, William Crosbie, George Bowden and Elliott Elmes late of Liverpool aforesaid Merchant Banksrupts) of the first part the said John Crosbie William Crosbie George Bowden and Elliot Elms of the second part and Gregory Olive of the city of London Wine Merchant of the third part Whereas a Commission of Banksruptcy under the Great Seal of Great Britain bearing date at Westminster the Nineteenth day of February which was in the year of our Lord One Thousand Seven Hundred and Seventy Two was Awarded and Issued against the said John Crosbie William Crosbie George Bowden'and Elliot Elmes and they were declared Banksrupts thereon And the said Thomas Case and Joseph Brooks and Thomas' Earl Thomas Wycliff Thomas Huddleston Thomas Carter and Alexander Nottingham were due chosen assigned of their Estate and Effects And by Indenture of Bargain and Sale inrolled in his Majesty's High Court of Chancery bearing date the Thirthieth Day of April last past the major part of the Commissioners named in the.said commission Did Bargain Sell and Convey All the said Banksrupts real Estates to the said Thomas Case Joseph Brooks, Thomas Earle, Thomas Wycliff, Thomas H~ddleston, Thomas Carter and Alexander Nottingham and their Heirs in trust for themselves and the rest of the Creditors of.the said Banksrupts, And whereas the said Gregory Olive hath contracted and agreed with the said Thomas Case Joseph Brooks Thomas Earle, Thomas Wycliff Thomas Huddleston Thomas Carter and Alexander Nottingham for the compleat purchase of the abesolute Estate of Inheritance in fee

Page 3

simple of and in the Plots of Ground Dwelling House Storehouse and other Buildings and Premises hereinafter mentioned to take hereby granted and released (being part of the real Estate of the said Banksrupts) at or for the price of sum of Eicht Hundred pounds Now This Indenture Witnesseth that for and in consideration' of the sum of Eight Hundred pounds of lawfull money of Great Britain by the Said Gregory Olive to the Said Thomas Case, Joseph Brooks, Thomas Earle, Thomas Whycliff, Thomas Huddleston, Thomas Carter and Alexander Nottingham in hand at or before Sealing and Delivery of these Presents Well and truly paid in full for such purchase as aforesaid the Receipts Whereas they the said Thomas Case, Joseph Brooks, Thomas Earle, Thomas Wycliffe, Thomas Huddleston, Thomas Carter and Alexander Nottingham do hereby acknowledge and thereof and of and from every part thereof do severally and respectively aquit release and discharge the Said Gregory Olive his Heirs Executors and Administrators for ever by these Presents And also for and in Consideration of the further sum of five shillings apiece of like lawfull Money of Great Britain by the Said Gregory Olive to every of them the said John Crosbie, William Crosbie George Bowden and Elliott Elmes in hand likewise at or beforethe Sealing and Delivery of these Presents well and truly paid the Receipt thereof is hereby acknowledged They the said Thomas Case, Joseph Brooks, Thomas Earle, Thomas Wycliffe, Thomas Huddleston, Thomas Carter and Alexander Nottingham Have and every of them Hath granted bargained sold aliened released ratified and confirmed and by these presents do and every of them Doth grant bargain sell alien release ratify and confirm unto the said Gregory Olive (in his actual possession now being by virtue of a Bargain and Sale to him thereof made by the said Thomas Case Joseph Brooks Thomas Earle Thomas Wycliff Thomas

Page 4

Huddleston Thomas Carter and Alexander Nottingham John Crosbie William Crosbie George Bowden and Elliot Elmes for five shillings apiece consideration by Indenture bearing date the day next before the day of the date of these presents for One Whole Year Commencing from the day next before the day of the date of the same Indenture.of bargain and sale and by force of the Statute made for transferring of uses into possession and to his Heirs All that piece Plott or Parcell of Ground with the Apurtenance Situate lying and being in the Harbour of Saint Johns in the'Island of Newfoundland in North America commonly called or known by the name of Allen Southmeads containing by estimation

Together with a Messuage or Dwelling House and other Edifices and Buildings erected and built thereon by the said Elliot Elmes and as the same were lately in the possession of the said Elliot Elmes and are now in the Tenure or occupation of the said'Gregory Olive or his Undertenants which said premises were formerly the Estate Property and Inheritance of the said Allen Southmead And also that other piece or parcell of Ground with the Appurenances commonly called or known by the name of Elmes Plantation situate lying and being in'the said Harbour of Saint John's Adjoining to the Afforesaid piece or parcell of Ground called Allen Southmeads containing by estimation together with a Storehouse and other Buildings erected and built thereon by the said Elliott Elmes and as the same were lately in the possession of him the said Elliott Elmes and are now in the Tenure or occupation of the said Gregory Olive or his Undertenants And all outhouses Edifices Wharfs Platforms Stages Cookrooms Curinghouses and Buildings Whatsoever erected standing or being or be erected or made upon the said Plots or Parcells of Grounds or any part thereof with their and every of their Appurtenances And

Page 5

also the Coppers Boilers Stoves Grates and other fixtures whatsoever And all profits priviledges hereditaments and appurtenances Whatsoever to the said Messuages or dwelling house storehouse Plotts or Parcels of Ground Hereditaments and premices or any part thereof belonging or in any wise appertaining or with them or any of them used occupied possessed or enjoyed or accepted reputed deemed taken or known as part parcell or member thereof or of any part thereof And the Reversion and Reversions Remainder and Remainders Yearly and other Rents, Issues and Profits thereof And all the Estate Right Title Interest Use Trust Property Claim and demand whatsoever both at Law and in Equity of them the said Thomas Case Joseph Brooks Thomas Earl Thomas Wycliffe Thomas Huddleston Thomas Carter Alexander Nottingham John Crosbie William Crosbie George Bowden and Elliott Elmes every or any of them of in to or out of the s???e premises and every or any part or parcell thereof And all Deeds Evidences and Writings in their or any of their Hands Custody or power which solely relate to or concern the said premises or any part thereof and true copies of all such other Deeds Evidences and Writings as relate to or concern the same jointly with any other. Lands and Hereditaments such copied to be made and written and at the proper Costs and Charges of the said Gregory Olive his Heirs and Assigns To have And HOLD the said plotts or parcells of grounds Dwelling house Storehouse Edfices Buildings Fixtures Hereitaments and premises mentioned to be hereby granted and released with their and every of their Appurtenances unto the said Gregory Olive his Heirs and Assigns to the only proper use of the said Gregory Olive his Heirs and Assigns for ever and to and for No other Use Intent or purpose whatsoever AND the said Thomas Case,Joseph Brooks, Thomas Earle, Thomas Wycliffe,

Page 6

Thomas Huddleston, Thomas Carter and Alexander Nottingham every of them separately and apart for himself and for his respective Heirs Executors and Administrators and for his own Acts only and not jointly or one of them for another or the Acts or Default of another do hereby severally convenant and declare to and with the said Gregory Olive his Heirs and Assigns that they the said Thomas Case Joseph Brooks Thomas Earl Thomas Wycliffe Thomas Huddleston Thomas Carter and Alexander Nottingham respectively have not at any time heretofore made done or committed or knowingly suffered any Act Matter or thing whatsoever whereby or by means where of the said Plotts or parcells of Ground Dwelling house storehouse ~uilding Hereditaments and premises mentioned to be hereby granted and released as aforesaid or any part thereof is or can or may be impeached or incumbered in Title Charge Estate or otherwise howsoever. And the said John Crosbie William Crosbie George Bowden and Elliott Elmes for themselves and their respective Heirs Executors and Administrators Do and every of them Doth jointly and severally Convenant Promise grant and agree to and with the said Gregory Olive his Heirs - and Assigns By these presents in manner following that is to say that for and notwithstanding any Act, matter or thing whatsoever by the said John Crosbie William Crosbie George Bowden and Elliott Elmes done or wittingly or wittingly suffered to the contrary They the said Thomas Case Joseph Brooks Thomas Earle Thomas Wycliffe Thomas Huddleston Thomas Carter Alexander Nottingham John Crosbie William Crosbie George Bowden and Elliott Elmes or some or one of them at the Time of the sealing and Delivery of this Indenture are and stand or is and standeth lawfully and rightly seized of the said Plotts or Parcells of Ground Dwellinghouse Storehouse Edifices Buildings Hereditamants and premises mentioned to be hereby

Page 7

granted and released as aforesaid of a pure perfect and indefensible Estate of inheritance in fee simple without any condition contingent proviso power of Limitation of any new or other Use or Uses or any other restraint matter or thing to alter change charge defeat determine or make void the same AND ALSO That they the said Thomas Case Joseph Brooks Thomas Earl Thomas Wycliffe Thomas Huddleston Thomas Carter Alexander Nottingham John Crosbie William Crosbie George Bowden and Elliott Elmes (for and notwithstanding any such Act matter or thing as aforesaid) Have or some or one of them Hath in themselves or himself good right full power and lawfull and absolute Authority to grant bargain sell and release All and singular the same premises mentioned to be hereby granted and released with their Appurtenances unto the use of the said Gregory Olive his Heirs and Assigns in the manner aforesaid according to the true intent and meaning of these presents AND FURTHER that he the said Gregory Olive his Heirs and Assigns shall and lawfully may from time to time and at all time for ever hereafter peaceably and quietly have hold and enjoy the said plotts or parcels of ground Dwellinghouses Storehouses Edifices Buildings Hereditaments and premises mentioned to be hereby granted and released as aforesaid with their Appurtenances and received and take the Rents Issues and profitts thereof to his and their own use and uses without the Let Suit Hindrance Interruption or denial of them the said John Crosbie William Crosbie George Bowden and Elliott Elmes or any of them their or any of their Heirs or Assigns or any other person or persons lawfully claiming or to claim any Estate Right Title Trust or Interest of in or to the same or any part thereof by from or under them or any of them And that free and clear and freely and clearly acquitted exonerated and discharged of from and against all and all manner

Page 8

of former and other Gifts Grants Bargains Sales Mortgages Jointures Dorvers Uses Intails Rents Arrears of Rent Statutes Recounizances Judgements Titles Charges and Incumbrances whatsoever made done or suffered by them the Said John Crosbie William Crosbie George Bowden and Elliott Elmes or any of them AND MOREOVER that they the said John Crosbie William Crosbie George Bowden Elliott Elmes and their Heirs and all and every other person and persons having or lawfully claim any Estate Right Title Trust or Interest of in or to the said premises mentioned to be hereby granted and released or any part thereof by from or under them or any of them shall and will from time to time and at all times hereafter at the reasonable request and proper Costs and Charges in the Law of the said Gregory Olive his Heirs or Assigns make do acknowledge levy suffer and execute or cause and procure to be made done acknowledged levied suffered and executed all and every such further and other lawfull and reasonable Act and Acts Thing and Things Conveyances and Assurances in the Law whatsoever for the further better and more effectual granting assuring and conveying the said premises mentioned to be hereby granted and released as aforesaid or any part thereof unto and to the use of the said Gregory Olive his Heirs and Assigns for ever be the same by fines or fines Common Recovery or Common Recoveries or any other Matter of Record or otherwise howsoever as by the said Gregory Olive his Heirs or Assigns or,his or their Council Learned in the Law shall be reasonably advised or required so as such further assurances contained

Page 9

MEMORANDUM Not withstanding anything in the within Indenture of Release contained It is hereby declared to be the true Intent and meaning of all the parties hereto And I the witness named Gregory Do hereby declare that no Words contained in the within Indenture of Release shall either at law or in Equity extend or be Construed: to extend to pass any greater or other Estate to me the said Gregory Olive my Heirs Executors Administrators or Assigns of and in the Messuages Buildings Plantation Lands Hereditaments and premises with the Appurtenances in the within Indenture of Release particularly mentioned and described to us conveyed to me my Heirs Executors Administrators and Assigns than what was in the within named Elliott Elmes John Crosbie William Crosbie and George Bowden at the time of their becoming Banksrupts and that the said other parties hereto the Assignees of the Estate and Effects of the said Banksrupts their Heirs Executors and Administrators shall not be liable to warrant or Grant to me the said Greqcrs' Olive my Heirs Executors Administrators or Assigns any further or other Estate than as aforesaid as WITNESS my hand this day of One Thousand seven hundred and seventy three

Page 10

. SEALED and DELIVERED by the within named Thomas Case Joseph Brooks the younger Thomas Earle Thomas Wycliff Thomas tIuddles-ton Thomas Carter Alexander Nottingham William Crosbie George Bowden and Elliott Elmes in the presence of us -

LS John Brooks

LS John Sudlow
Sealed and Delivered by the within named John Crosbie in the
presence of us -

LS H Fownloy Ward

LS Edmund Chalmers

Received on this day of the date of the within written Indenture of and from the within name Gregory Olive the sum of Eight-hundred pounds being the Consideration money within mentioned to be by him paid to us as WITNESS our hands -

Witnesses
LS Tho Wycliffe         LS Thomas Earle  LS Tho Case              LS Tho Carter
LS Tho Huddleston    LS Jdhn Brooks    LS Jos Brooks Junr    LS John Sudlow    
LS Alexr Nottingham

Page 11

PRESS RELEASE

TITLE:

Newfoundland and Labrador Provincial Archives
Purchases historic document


Just before Christmas the Provincial Archives purchased a two hundred year old document at an auction at Toronto.

The two page manuscript was written in 1772 on parchment and measures 86 centimeters by 61 centimeters and bears the original wax seal and signatures.

This document is an indenture between a group of Liverpool merchants and a London ~ine merchant relating to two Waterfront Plantations at St. John's, Newfoundland. The former owner of one of these properties was Allen Southmead a prominent St. John's planter. Southmead was taken prisoner by the French and was held capture briefly at Placentia in 1709. It appears that Southmead war also a Justice of the Peace at St. John's in 1730 and 1732.

This document is significant as it shows clearly that control of the Newfoundland Fishery for this period was centered in the British Isles•

Page 12

The text from an article in the St. John's Evening Telegram dated 19 January 1980.

DOCUMENT GIVES INSIGHT INTO HISTORY OF FISHERY

At a Toronto auction before christmas, 1979, the Provincial Archives purchased a 200-year old document which according to provincial archivist David Davis, "Gives significant insight into the history of the Newfoundland Fishery for that period.

Brought out for public viewing yesterday, Davis said the two-page manuscript written in 1772 on parchment represents "more or less" a bill of sale.

Davis declined to give the exact dollar value of the document but he did say it was listed in the Auction's catalogue at the $1,500 to $2,000 range.

"The document's historical value is especially significant," he said, "for it indicates that the Newfoundland fishing industry was being controlled from the British Isles by people who had never been on the isalnd."

Measuring 86 by 61 centimeters, the document is an indenture or bill of sale between a group of Liverpool merchants and a London wine agent, Gregory Oliver relating to two waterfront plantations or properties at St. John's.

"It's very difficult to pinpoint the location of the property today," he said, although it definitely was on the northside of St. John's harbor.

The former owner of one of the properties was Allan Southmead, a prominent St. John's planter who was taken prisoner by the French and held captive, briefly, at Placentia in 1709, he said.

"From the document it appears that Southmead was also a justice of the peace at St. John's in 1730 and 1732," Davis said.

The property was sold for £800, he said, a considerrable amount at the time.

The document is being kept at the provincial archives in the former Newfoundland Legislature, Military Road.

 

 

Contributed by: Vera Short-Cheeseman (July 2000)
REVISED: 14 June 2002 (Terry Piercey)

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