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This indenture made the thirty first day of August in the sixth year of the reign of our Soverign Lady Queen Victoria and in the year of our Lord one thousand eight hundred and forty two between Benjamin Cole Senior and Benjamin Cole Junior of Bonavista in the island of Newfoundland planters of the one part and William Brown of Kings Cove in the island aforesaid merchant of the other part. Whereas the said Benjamin Cole Senior and Benjamin Cole Junior are indebted onto the said William Brown Senior the sum of twenty four pounds current money and being at present unable to pay the same halth agreed to make such assignments or bill of sale to him of their respective interests in and to the dwelling house stores fishing room and plantation situated at Bonavista afore said and now in their occupation for the better securing the payment thereof as herein after is expunged. Now this indenture ??? that insurence of this said agreement and in consideration of the sum of twenty four pounds so justly due and owing to the said William Brown by the said Benjamin Cole Senior and Benjamin Cole Junior at the time of the sealing and delivery of these presents as here before mentioned and which the said Benjamin Cole Senior and Benjamin Cole Junior doth expressly admit and acknowledge for and in consideration of the sum of five shillings of the lawful current money of this island to the said Benjamin Cole Senior and Benjamin Cole Junior in hand well and truely paid by the said William Brown at the time of the execution of these presents the receipt whereof is hereby acknowledgeed they the said Benjamin Cole Senior and Benjamin Cole Junior hath granted bargained and sold and by these presents doth grant bargain and sell unto the said William Brown his executors , administrators and assigns all and singular their respective interests in and to their dwelling house stores fishing room and plantation being bounded on the East by Saints on the West by Fords on the South by the highroad and on the North by the ??? and all estate right title interest in property claim and demand whatsoever both at law and in equity of these and each of them in or to the same and every of them respectively to have and to hold to take and enjoy the said dwelling house, stores, fishing room and plantation and all and singular other then provisions herein before bargained Wm Sweetland and sold or mentioned or intended so to be with their and ??? of their rights ??? and onto and by the said William Brown his Executors administrators or assigns to and for his and their own proper and lawful subject never the less to the promise of redemption of the same fore mentioned after contained that is to say provided always and these presents are upon this expected condition that if the said Benjamin Cole Senior and Benjamin Cole Junior or either of them their executors administrators and assigns do and shall well and truely pay unto the said William Brown his executors, administrators or assigns on or before the tenth day of August one thousand eight hundred and forty three and forty four respectively the annual sum of twenty pounds current money of this island or in dry merchantable cod fish, cod oil or seal together with six percent interest per annum interest there on ??? abatement or deduction whatsoever, then in such ?? the bargain and sale or other here in before made shall cease and be void to all intents and purposes whatsoever and these presents shall be forwith delivered up to be cancelled and the said Benjamin Cole Senior and Benjamin Cole Junior the younger their executors administrators shall and will trurly pay or cause to be paid unto the said William Brown his executors administrators and asigns the sum of twenty four pounds currency with interest for the same at the time and after the rate and in manner aforesaid and according to the true intent and meaning of these presents. And lastly the said Benjamin Cole Senior and Benjamin Cole Junior each for himself his heirs, executors and administrators doth hereby ????? and from time to time hereafter agree to warrent and defend all and singular their respective interests in and and to the dwelling house , stores, fishing room and plantation hereby bargained and sold or otherwise ??? or mentioned or ??? to be unto the said William Brown his executors administrators and assigns against all persons whomsoever Signed sealed and delivered Signed Benjamin Cole Senior
I do hereby certify that the execution of the foregoing deed was rectified before me as commisioner of the Northern Circut Court on the eighteenth day of May in the year of our Lord one thousand eight hundred and fifty by the oath of Samuel Rowsell one of the witnesses thereto and that the same has been brought to and deposited at my office as registar of deeds for registration this twenty sixth day of September in the year of our Lord one thousand eight hundred and fifty and that the foregoing is a correct copy of the said deed. William Sweetland Where as by an indenture made at Bonavista on thirty first day of August in the year of our Lord one thousand eight hundred and forty two I the undersigned Benjamin Cole in conjuntion with my son Benjamin Cole Junior for and in consideration of a debt due to William Brown of Kings Cove amounting to the sum of twenty pounds current money of this island which debt I hereby acknowledge to be still due and owning to the said William Brown did transfer the all our right title interest and demand in and to our fishing room situated at the ragged rocks at Cannail Bonavista to the said William Brown of Kings Cove Merchant subject to the provisions of redemption in two yearly installments with interest there on at the rate of six percent per annun without abatement or reduction on or before the tenth day of August in each year. Now know ye that for and in consideration of the time of said payments so to be made being extended until the thirtieth day of September next ensueing year The date in question I hereby bind myself to pay the whole of the above amount to the said William Brown so just and truely oweing to him on or before the said date and should I fail in so doing then the said William Brown if he shall think fair shall and may enter upon and possess the said premises to the use of himself his heirs Executors administrators and assigns fully and freely without let or hinderance or any form of law.
I hereby acknowledge that in consequence of my inability to pay the within mentioned sum of twenty four pounds current money of this island with the interest there on I do hereby relinquish all my right title interest Property and demands of me Benjamin Cole in and to my fishing room there in alluded to situate at the ragged rocks Bonavista and I do hereby further agree for and behalf of my heirs, Executors and assigns for said William Brown to warrent and defend from time to time at all times hereafter in the said premsies with their rights and appurtenances by these presents given my hand and seal at Catalina the twenty fifth day of September 1851 I do hereby certify that the execution of the foregoing deed was proved before myself on twenty sixth day of September one thousand eight hundred and fifty one by the affidavit inclosed there on William Hartry the principal subscribing witness of the execution there of and that the foregoing is a correct copy of the said deeds and that of the preceeding one by which it refers. Wm Sweetland (this area contains a diagram or map of land etc mentioned in the agreements) The fore going is a diagram of the fishing room and premises situate at Ragged Rocks at Cannaill Bonavista containing ??? late the property of Benjamin Cole but now conveyed to William Brown Esq. of Kings Cove merchant and his property the same being the subject of the foregoing deeds and possesion there of given by Benjamin Cole in my presence and that of William Hartry , William Browns agent and I certify that it is a correct plan or diagram there of Given under my hand at the register of deeds office Bonavista this tweently sixth day of September one thousand eight hundred and fifty one W Sweetland Transcribers note
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Page Contributed & Transcribed by Keith Brown
Page Revised by Ivy F. Benoit (Friday April 27, 2018)
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