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Miscellaneous Deeds and Wills
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John Butler & Robert Brine
V. 4, P. 104
Be it's remembered that on the twenty eighth day of December in the year of our Lord one thousand eight hundred and seven Thomas Tremlett Esquire Chief Justice of the Supreme Court of Newfoundland here Recordeth that on this day same John Rennell Esq. (at the request of John Butler) and brought a certain indenture and prayed that the same might be enrolled and it is enrolled in these words - viz.
This Indenture made the tenth day of October in the forty seventh year of our Sovereign Lord George the third by the grace of God of the United Kingdom of Great Britain and Ireland King Defender of the faith and do forth and in the year of our Lord one thousand eight hundred and seven Between John Butler of the Town of Saint John in the Island of Newfoundland Merchant of the one part and Robert Brine of the same place Butcher of the other part whereas in and by a certain grant bearing date at Saint John's aforesaid on or about the twenty first day of October one thousand seven hundred and fifty seven under the hands of Richard Edwards Esquire then Governor of Newfoundland and so forth a place called Little Belle Isle in Conception Bay in the said Island is given and granted to Charles Garland, George Butler, Charles Mercer and James Butler to be by them and their Heirs possessed and employed peaceably and quietly for ever, and whereas James Butler was the grandfather of the said John Butler party hereto and George Butler was the brother of James both brothers are dead and the said John Butler party hereto is the lawful heir to both.
Now this Indenture -
Witnesseth that for and in consideration of the rents and covenants herein after mentioned and reserved. He the said John Butler hath demised leased set and to farm letten and by these presents doth demise lease set and to farm let unto the said Robert Brine his Executor Administratiors and Assigns all that's one half parts of all the Island known by the name of Little Belle Isle as aforesaid To have and to hold the same with all and singular its appurtenances from the twentieth day of October one thousand eight hundred and six for and during and unto the full end and term of twenty two years from thence next ensuring Yielding and paying therefore yearly and every year during the said term unto the said term unto the said John Butler his Executors administratiors and assigns the clear yearly rent or sum of six pounds of sterling money of Great Britain on or before the twentieth day of October in each and every year the first payments thereof to begin and to be made on the twentieth day of October one thousand eight hundred and seven and the said Robert Brine doth hereby covenant promise and agree to and with the said John Butler his Executors Administrators and Assigns that he the said Robert Brine his Executors Administrators and Assigned shall and will on the twentieth day of October yearly will and truly pay or cause to be paid to the said John Butler his Executors administrators and assigns the said clear yearly rent or sum of six pounds in good bill or bills of exchange and also shall and will carry on or cause to be carried on a fishery on the premises hereby demised during every year of the term hereby granted and at the expiration of the said term shall and will peaceably and quietly quit and yield up the said premises with their appurtenances and all and singular the erections and improvements thereon built and made of all and every kind and nature in good and tenantable repair damaged by fire or enemy only excepted provided always and if at any time hereafter it shall happen that the said yearly rent or sum of six pounds shall be behind or unpaid for the space of twenty one days next after the day whereon the same is made payable that then it shall and may be lawful to and for the said John Butler his Executors Administrators and Assigns into and upon the said premises hereby demised or any parts thereof in the name of the whole wholly to re-enter and the same to have again repossessed and re enjoy and in their first and former estate anything herein contained to the contrary thereof in any wise notwithstanding and the said John Butler doth hereby covenants promise and agree to and with the said Robert Brine his Executors Administrators and Assigns that the said Robert Brine his Executors Administrators and Assigns will and truly paying the rent hereby reserved at the time herein specified and observing performing fulfilling and keeping all and singular the covenants and agreements herein contained shall and may peaceably and quietly have hold use occupy possess and enjoy all and singular the premises hereby demised without any let suit trouble hindrance or molestation of from or by him the said John Butler or any person claiming or to claim under him.
In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.
Signed sealed and delivered in presence of
Let this instrument be enrolled in His Majesty's Supreme Court Newfoundland Saint John's 28th December 1807 - D F 104
Page contributed by Barbara McGrath
Page Transcribed by Ivy F. Benoit (March 7, 2002)
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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