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Agreement Between Joseph Garland, Henry Knight & Elizabeth Knight - 1788
Articles of Agreement Indented made and agreed upon the Twentieth day of April in the Year of our Lord One Thousand Seven hundred and eighty eight. Between JOSEPH GARLAND of the Town & County of Poole, Merchant HENRY KNIGHT of Poole aforesaid Blockmaker and HENRY KNIGHT of Carbonear in Conception Bay in the Island of Newfoundland in North America, Planter (Son of JOSEPH KNIGHT formerly of Parkston in the Parish of Great Canford in the County of Dorset but late of Carbonear aforesaid, Merchant deceased) of the one part, and ELIZABETH KNIGHT of Carbonear aforesaid Widow, the Relict and Administratix of all and singular the Goodes and Chattles, Rightes and Credites of the said Joseph Knight her late husband, deceased of the other part in manner and form following that is to say. And first it is hereby Covenanted, granted & agreed upon by and between the said Henry Knight the son and Elizabeth Knight the Mother for themselves respectively and for their respective heirs Executors Administrators and assigns by and with the advice direction and approbation of the said Joseph Garland and Henry Knight Blockmaker (Agents and Factory for the said Henry Knight the Son for their mutual benefit and advantage). That the said Elizabeth Knight and her assigns shall and lawfully may peaceably and quietly enter into have hold use occupy possess and Enjoy All That Room Plantation or Track of land called BURNTHEAD situate lying and being in Carbonear aforesaid, and all Bays Harbour and Fisherys thereto belonging late belonging to and in the possession and occupation of the said Joseph Knight and now of the said Elizabeth Knight. Together with all Houses Outhouses Edifices buildings Store Houses Wharfs Stages flakes Ways paths, & passages Easements liberties priviledges advantages hereditaments and appurtenances whatsoever to the said Room Plantation or Track of Land and premises belonging or in any wise appertaining or to or with the same or any part thereof now held used occupied or Enjoyed, or accepted reputed deemed taken or known for or as part parcel or number thereof. And to receive and take the rents issues and profits thereof to and for her own proper use and benefit for & during the term of the natural life of the said Elizabeth Knight. In Consideration whereof he the said Henry Knight the Son his hers Executors Administrators and Assigns shall and lawfully may from and immediately after the decease of the said Elizabeth Knight his Mother peaceably & quietly enter into have hold use occupy possess and enjoy All that the said Room Plantation or Track of Land called Burnthead with all and Singular the Hereditaments & premises with the appurts thereunto belonging & receive and take the rents issues and profits thereof to his and there own proper use and uses forever.
And also for the consideration aforesaid it is further covenanted granted and agreed upon by and between the said Parties that he the said Henry Knight the Son his heirs Ext-ors Admins & Assigns shall and may from the day of the date hereof lawfully peaceably & quietly enter into have hold use occupy possess & enjoy to him his heirs and assigns forever. All that other Room Plantation or Track of land or Fishing place called late SAMUEL PIKES. And all Bays Harbours and Fisherys thereto belonging situate in Carbonear in Conception Bay aforesaid late in the occupation of the said Joseph Knight, who purchased the same of the said Samuel Pike Together with all Houses Outhouses Edifices Buildings Storehouses Wharfes Stages flakes Ways paths passages Easements Liberties priviledges advantages hereditaments & appurts whatsoever to the said last mentioned Room Plantation Track of land and premises belonging or in any wise appertaining or to or with the same or any part thereof now held used occupied or enjoyed or accepted reputed deemed taken or known for or as part parcel or number thereof & to receive and take rents issues and profits thereof to his and their own use and uses forever.
And lastly, for the true performance of all and every the covenants and agreements aforesaid either of the said Parties bindeth himself and herself unto the other firmly by these presents.
In witness whereof the parties first above named to these presents interchangeably have set their hands and Seals the day and year first above written.
Sealed and delivered by the within named Joseph Garland & Henry Knight Blockmaker (being first duly stampt) in the present of JOHN CHARLES GEISLER, JOSEPH GARLAND JUNR.
Sealed and delivered by the within named Henry Knight the Son in the presence of BENJn LINTHORNE and JNo HILL.
The foregoing is a true Copy of the original Instrument recorded here this 22nd day of March 1814 done at the request of CLEMENT NOEL, Eldest son of the late JOHN NOEL (deceased) and Compared by me.
Wm. Lilly ViBotts?
Page Contributed by Susan Snelgrove
REVISED BY: Ivy F. Benoit April 28, 2002
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