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Miscellaneous Deeds and Wills
Michael Cullin, George Best
& Charles Cosens

 

 

V. 17, P. 313

This Indenture made this eleventh day of November in the fifty sixth year of the reign 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 in the year of our Lord one thousand eight hundred & fifteen between Michael Cullin of Colliers in the District of Conception Bay and Island of Newfoundland, Planter of the one part & George Best & Charles Cosens of the town of Brigus, merchants and Commissionarys of the other part.
Whereas the said Michael Cullin at sundry times heretofore having had dealings with them the said George Best & Charles Cosens their factor or Agent for the time being at Brigus aforesaid and received Goods, Wares and Merchandise of them to a considerable amount and thereby contracted a debt with them amounting in value to the sum of one hundred and thirteen pounds five shillings sterling, which debt he is unable to pay off or discharge at present.

Now this Indenture Witnesseth that the said Michael Cullin for and in consideration of the aforesaid sum of one hundred and thirteen pounds five shillings sterling of lawful money of Great Britain to him paid and advanced in manner aforesaid the receipt whereof the said Michael Cullin doth hereby acknowledge himself to be therewith fully and perfectly satisfied Hath granted, bargained, sold, assigned, transferred and set over and by these presents doth bargain sell assign and transfer over unto the said George Best & Charles Cosens all that Fishing Room and Plantation situate in Colliers and now in possession of the said Michael Cullen together with all and singular the dwelling House and skiff, sails and other property To have to Hold the said fishing room etc. etc., unto them the said George Best & Charles Cosens, their Heirs, Executors, Administrators & Assigns for ever and the said Michael Cullen doth hereby for himself, his Heirs, Executors & Administrators covenant promise and agree to and with the said George Best & Charles Cosens that he hath in himself and by himself good rightful power and Lawful Authority to sell, assign & dispose of the before mentioned bargained premises that he will for ever warrant and defend herewith the full free entire and ample possession thereof against the claims of any person or persons whatsoever provided always.

And this indenture further Witnesseth that not withstanding the aforesaid bargain and sale is upon this express condition yet nevertheless if that the said Michael Cullen, his Executors, Administrators & Assigns shall with and truly on or before the last of October in each year pay or cause to be paid unto the said George Best & Charles Cosens, their Executors, Administrators and Assigns or to their attorney or agent for the time being the full sum of fifteen pounds Sterling per year of lawful money of Great Britain or the value in approved British exchange or merchandise, cod fish or cod oils and continue so to do until such yearly payments come to make the aforesaid sum of one hundred thirteen pounds five shillings sterling so due and owing as aforesaid that then this bargain sale shall cease determined and become void and of none effect Whatsoever and the before mentioned bargained premises shall be & continue to him the said Michael Cullen, his Executors, Administrators & Assigns as his and their own Lands and Tenements & effects in as full and ample a manner as if these presents had never been made and lastly it is concluded & agreed upon by and between the parties aforesaid that if the said Michael Cullen, his Executors, Administrators & Assigns shall make default in paying the yearly Rent charged or annuity as aforesaid & in such manner & form as herein before mentioned and agreed upon that then it shall and may be lawful for the said George Best & Charles Cosens to enter upon & possess these said premises and receive the rents profits & issues thereof in as full and ample a manner as the said Michael Cullen, his Executors, Administrators and Assigns might or could have held or enjoy the same anything herein before mentioned to the contrary notwithstanding.
In Witness whereof the parties above named to these presents to their hands and seals have set this day & year first before written.

Michael Cullin (seal)

For Best & Cosens
George Best (seal)

Sealed and delivered where no stamp paper is used in presents of
James Ennis
Thomas Stephens

 

 

Page Contributed by Barbara McGrath

REVISED BY: Ivy F. Benoit March 9, 2002

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