Conception Bay North
Crocker's Cove - Indenture of Joseph Butt, 1804
|INDENTURE OF JOSEPH BUTT OF CROCKER’S COVE
This indenture made the twelfth day of December in the year of our Lord One Thousand eight hundred and four between Joseph Butt of Crocker's Cove in the District of Conception Bay and Island of Newfoundland Planter of the one part and John Andrews of Harbour Grace in the same District, Merchant of the other part.
Witnesseth that whereas the said Joseph Butt at sundry times hath received goods, wares and Merchandize of him the said John Andrews to a considerable amount and thereby contracted a Debt with him, amounting in value to the Sum of Eighty seven pounds, fourteen shillings of lawful money of Great Britain which Debt he is at present unable to pay off and discharge.
He the said Joseph Butt for and in consideration of the aforesaid Sum of Eighty seven Pounds fourteen shillings to him in had paid and advanced in manner aforesaid the receipt whereof he the said Joseph Butt doth hereby acknowledge and himself to be therewith fully and perfectly satisfied Hath granted, bargained, sold, assigned, transferred and set over, and by these Presents Doth grant, bargained, sold assign, transfer and set over unto him the said John Andrews All that Fishing Room or Plantation situate at Crocker's Cove aforesaid (?) in his own occupation, bounded on the North by Terrance Kennedy, on the South by Joseph Butt, Srs room and the West by the Woods, to the East by the (?) together with all and singular, the Dwelling House, Outhouse, Stage, Flake, Meadows, Gardens, Buildings, Enactions(sp?) Improvements, (?), Paths, Passages, Priveledges (sp?) and appurtenances (sp?) whatsoever unto the said Fishing Room belonging or appertaining.
To have and to hold the said Fishing Room or Plantation with every part and parcel thereof unto him the said John Andrews, his Heirs, Executors, Administrators and Assigns forever. And the said Joseph Butt Doth hereby for himself his Heirs, Executors and Administrators covenant promise and agree, to and with the said John Andrews his Heirs, Executors and Assigns that he hath in himself and by himself, good right, full power and lawful authority to sell and dispose of the before mentioned bargained Premises and that he will forever warrant and defend him and in the sale (sp?) and ample (sp?) thereof against the lawful claims of any Person or Persons whatsoever. Provided always and this indenture further witnesseth that the aforesaid Bargain and Sale is upon this condition the Sale, that of the said Joseph Butt, his Executors, Administrators shall cease, determine and on or before the tenth day of October in each year pay or cause to be paid unto the said John Andrews, his Executors, Administrators and Assigns, the full sum of (?) Pounds of lawful money of great Britain or the (?) thereof approved Bills of Exchange and Fish or Cod Oils and continue such yearly payments shall come to and make up the full sum of Eighty seven Pounds fourteen shillings as aforesaid that then this Bargain and Sale shall cease, determined and become whatsoever. And the before mentioned bargained Premises shall be and continue with him the said Joseph Butt, his Executors, Administrators and Assigns as his and their hands and an is full and ample a manner as of these Presents had never been made. And lastly it is concluded and agreed upon by and between the Parties aforesaid that if the said Joseph Butt, his Executors, Administrators or Assigns, shall default in paying the yearly Rent aforesaid in such manner and agreed upon that then it shall and may be lawful for the said John Andrews, his Heirs, Executors, Administrators and Assigns to enter upon and (?) the said Premises and receive the Rents, Profits and (?) thereof in as full and ample a manner as the said Joseph Butt, his Executors, Administrators and Assigns might or could have, hold or enjoy the same any thing hereintobefore contained to the contrary not withstanding.
In Witness whereof the Parties before named to these Presents, their Hands and Seals have the day and year first before written.
Joseph (his mark X) Butt
John Andrews X
Sealed and delivered where no stamps are used in the presence of ROBERT COBB ER (sp?)
The foregoing is a true Copy of the Original Assignment exhibited by John Andrews and at his request Registered in the Book of Record. Harbour Grace 2g.(sp?) 4 April 1805
ROBERT COBB, REG.
Transcribed by Mary Ann Ankiewicz Document Source: F. Burnham Gill, Archivist, United Church Archives
© 2000 Mary Ann Ankiewicz & NL GenWeb