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Miscellaneous Deeds and Wills
Timothy Costelloe & William Danson

 

 

Vol 18, Page 33

The foregoing is a true copy taken from the original Instrument of writing exhibited for enrolment on the 24th day of February 1825, thus done at the request of William Danson this seventh day of March, one thousand eight hundred and twenty five being duly compared by me.

By order of the Surrogate
Oliver St. John Esquire
Matthew Stevenson, Regr.

This Indenture made the fourteenth day of February in the year of our Lord one thousand eight hundred and twenty five between Timothy Costelloe of Harbour Main, Conception Bay, Newfoundland, Planter of the one part to William Danson Merchant of Harbour Grace in the Island of Newfoundland aforesaid of the other part, Witnesseth that whereas the said Timothy Costelloe at sundry times heretofore hath received goods, wares and merchandize of him the said William Danson or his agent to a considerable amount and thereby contracted a debt with him amounting in value to the sum of fifty pounds nineteen shillings sterling Lawful money of Great Britain which debt he is at present unable to pay off or discharge. Now this Indenture further Witnesseth that the said Timothy Costelloe for and in consideration of the aforesaid sum of fifty pounds nineteen shillings to him advanced in manner aforesaid the receipt whereof he the said Timothy Costelloe doth hereby acknowledge and himself to be therewith fully and perfectly satisfied, Hath granted bargained, sold, assigned, transferred and set over unto him the said William Danson his heirs and assigns all that fishing room plus station situate and laying in Harbour Main and now in the possession of him the said Timothy Costelloe in extent of Fishing Room being by admeasurements from NW to SE 29 yards and from NE to SW 50 yards of sea coast, one stage and one flake. Plantation from NW to SE 172 yards and medial breadth from NE to SW 45 yards. Bounded on the SE by the River of Harbour Main on the NW by Vincent Costigan on the SW by Vincent Costigan and on the NE by Martin Costelloe together with one dwelling house and one cellar with all ways, waters, paths, easements, profits, privileges, advantages, emoluments and appurtenances whatsoever to the said premises belonging or in anywise appertaining
To Have and to Hold the said Room and Plantation with all and singular the other herein aforementioned appurtenances and every part and parcel thereof unto him the said William Danson, his Heirs Executors Administrators and Assigns forever And the said Timothy Costelloe doth hereby for himself his Heirs Executors, Administrators, covenant, promise and agree to and with the said William Danson, his Heirs, Executors, Administrators and Assigns that he hath in himself and by himself good right full power and lawful authority to sell and dispose of the aforesaid bargained premises and that he will forever warrant and defend him the said William Danson his Heirs or Assigns in the full face and ample possession thereof against the Lawful claim of any person or persons whatsoever

Provided allways and his indenture also further Witnesseth that the aforesaid, bargain and sale is upon this express condition. Nevertheless that whereas the said William Danson do hereby allow and permit the said Timothy Costelloe to remain upon and keep possession of the aforesaid bargained premises. He the said Timothy Costelloe his Heirs, Executors, Administrators and Assigns paying or causing to be paid unto the said William Danson, his Heirs or Assigns on every twentieth day of October in each year, the full sum of six pounds seven shillings and five pence lawful money of Great Britain or the value thereof in such manner as shall be approved of by the said William Danson, his Heirs or Assigns, and continue so to do until such yearly payments come to and make up the full sum of fifty pounds nineteen shillings sterling due and owing as aforesaid. And then this bargain and sale shall cease determine and become void and of no effect and the before mentioned bargained premises shall be and continue unto him the said Timothy Costelloe his Executors, Administrators, and Assigns as his and their own proper lands, tenaments and effects, in as full and ample a manner as if these presents had never been made.

And lastly it is concluded and agreed upon, by and between the parties aforesaid that if the said Timothy Costelloe his Executors, Administrators and Assigns shall make default in paying or causing to be paid the yearly rent charge and annuity as aforesaid in such manner and form as herein before mentioned and agreed upon. That then it shall and may be lawful to and for the said William Danson his Heirs, Executors, Administrators and Assigns to enter upon and possess the said premises and receive the rent and issues thereof in as full and ample a manner as the said Timothy Costelloe might or could hold or enjoy the same anything herein before contained to the contrary notwithstanding.

In Witness whereof the parties before mentioned to these presents their hands and seals have set the day and year first before written

Timothy (his x mark) Costelloe (seal)

For William Danson - Richard Connell (seal)

Sealed and delivered being first read over and duly explained to the said Timothy Costelloe he making his mark as a signature hereto in the presence of us.
William Mullowney Witness
Henry Westerman Witness

The foregoing is a true copy taken from the original instrument of writing exhibited for enrolment on the 24th day of February 1825, thus done at the request of William Danson this seventh day of March one thousand eight hundred and twenty five being duly compared by me.

By order of the Surrogate
Oliver St. John Esquire
Matthew Stevenson Regr.

 

 

Page contributed by Barbara McGrath

REVISED BY: Ivy F. Benoit March 9, 2002

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