LAND GRANT TO BENJAMIN CARR
OCTOBER 3, 1770
BENJAMIN CARRS' pat. 112 1/2 acres...As Know Ye CARRS' HILLS...That Whereas, by our Commission having date at London, the Twenty-first Day of February in the Fifteenth year of Dominion and in the year of our Lord, Seventeen Hundred and Sixty-six, we have given full power and authority to our trusty and well beloved Horatio Sharpe, Esquire, Lieutenant Governor of our said Province, the Honourable Daniel Dulany, Esquire, and John Morton Jordan, Esquire, and the survivors and survivor of them, for us, and in our name, to grant, sell, and dispose or otherwise to treat, contract, and agree for the granting, selling and disposing of all or any of our reserved Lands or Manors in our said Province, as well as cultivated, uncultivated, to all and every person or persons who shall be willing to purchase for the same for such considerations and prices, respectively upon such terms and conditions and under such rents and reservations and in such manner, as by our orders and instructions, under our hand and seal bearing date with our said Commission and as by our further instructions under our hand and seal, bearing date the Eighth Day of November in the Sixteenth year of our Dominion of our said Province and in the year of our Lord, Seventeen Hundred and Sixty-six, are, and is in that behalf specified and declared.
And whereas by our said land mentioned, instructions we have signified to our Commission aforesaid that doubts may arise touching our Title to Anne Arundel Manor on account of the devise which our late father Charles Lord Baltimore, deceased, took him to make of the said Benedict Calvert, Esquire, that his Lordship was tenant for life only of our said Province by the settlement made on his marriage with the Lady Baltimore, our mother, and which devise was afterwards defeated upon attaining the age of twenty-one years, by exercising the powers in us vested, as a tenant of our said Province, and to obviate any unnecessary scruples, which uniformed purchasers might be inducted to entertain of our said title, we did hereby authorize and empower our said Commissioners, upon the Sale of our said Manor, or any the lands thereto belonging to insert in the grants to be thereof respectively made proper engagements and stipulations, in our name and behalf, and which we did thereby agree to confirm to Warrant the Title of the Lands to be so granted, against the said Benedict Calvert, his heirs and assigns and all and every person or persons claiming or to claim under him or them, so as that such Warranty be restrained not by inclined to any future improvements to be made of the said Manor and Lands nor to any rise or increase in the value thereof beyond the price of considerations to be paid for the same respectively, in case of any future eviction.
In pursuance of which said Commission and instructions, it is certified unto us by our said Commissioners that they have treated, contracted, and agreed for the granting, selling, and disposing of a Tract or parcel of Land called CARRS' HILLS, lying in Anne Arundel County unto BENJAMIN CARR for which said Tract or parcel of Land, the said BENJAMIN CARR has paid and satisfied unto our said Commissioners, the sum of One Hundred and Forty Pounds, Twelve Shillings and Six Pence Sterling for the purchase money thereof, and also the sum of Two Pounds, Sixteen Shillings and Three Pence Sterling for the expenses of surveying the same.
We do therefore hereby and confirm unto him, the said BENJAMIN CARR, all that the aforesaid Tract or parcel of Land called CARRS' HILLS lying in Anne Arundel County aforesaid beginning at a Locust Post and a Stone fixed by the East side thereof marked NP5, both fixed on a ridge between two steep valleys which said Post and Stone being the South Western most corner or fifth boundary of a Tract being part of their said Manor resurveyed for Mr. Robert Norris called NORRIS' PURCHASE, and running thence South Twenty-eight perches to a Locust Post fixed on top of a hill on the East side of a small branch thence running South, eighty-five degrees, thirty minutes Westerly, fifty-seven perches and four-fifths of a perch to a Locust Post fixed on the side of the hill aforesaid, thence running South eighty-nine degrees, thirty minutes Westerly, ninety-eight perches to a Locust Post fixed on the East side of the brow of a hill in an old field thence running North one degree, twenty minutes Westerly, one hundred and twelve perches to the Locust Post fixed in the edge of a wood on the North West side of a slope of a hill on the South side of a branch called Deep Branch, thence running North eight degrees, thirty minutes Easterly, one hundred and fifty-five perches and three-fifths of a perch to a Locust Post fixed on the side of a hill in an old field in the lat lines of the Tract above mentioned called NORRIS' PURCHASE, thence running with the said line reversed viz., South one degree, fifty-one minutes Easterly, ninety-one perches and one-eighth of a perch to the Post and Stone, the beginning.
The above mentioned containing and now laid out for one hundred and twelve acres and a half acre of Land, more or less according to the Certificate of Survey thereof taken and returned into our Land Office bearing the date Nineteenth Day of April, Seventeen Hundred and Sixty-nine and there remaining together with all rights, profits, benefits, and privileges, thereunto belonging, royal mines excepted, to have and to hold the same unto him the said BENJAMIN CARR, his heirs and assigns forever to be holder of us and of our heirs of our Manor of Anne Arundel in free and common souage, by Fealty only, for all manner of services, yielding, and paying therefore yearly unto us and our heirs at our receipt at our City of Annapolis at the two most usual Feasts in the year, the Feast of the Annunciation of the Beloved Virgin Mary and St. Michael the Arch Angel, by even and equal portions, the rent of four Shillings and Six Pence Farthing Sterling, in silver or gold, and for a fine upon every alienation of the said land or any part of parcel thereof one whole year's rent, in silver or gold or the full value thereof, in such commodities as we and our heirs or such officer or officers as shall be appointed by us and our heirs from time to time to collect and receive the same. Shall receipt in discharge thereof at the choice of us and our heirs, or such officer or officers aforesaid.
Provided that is the said sum for a fine for alienation shall not be paid unto us and our heirs or such officer or officers, before such alienation and the said alienation entered upon record either in the provincial Court or County Court where the same parcel of land lieth, within one month next after such alienation, then the said alienation shall be void and of no effect.
And provided also and it is the true intent and meaning of these presents that the same is a subject and liable to the following condition: That is to say that the said BENJAMIN CARR, his heirs or assigns shall well and truly pay or cause to be paid the rent herein reserved according to the Tenor of these presents by the space of Thirty Days next, after it shall become due and after demand made thereof on the premises by the farmer or other person who shall be appointed by us or our heirs from time to time to collect and receive the same. And we do hereby grant for us and our heirs to warrant and defend the aforesaid Tract or parcel of land with all and singular the appurtenances thereto belonging unto him, the said BENJAMIN CARR, his heirs and assigns against the aforesaid Benedict Calvert, Esquire and his heirs and all and every person or persons whatsoever claiming anything in the aforesaid premises by, from or under him or them; provided always that anything herein contained shall extend or be deemed or construed to subject and oblige us or our heirs to make satisfaction for any improvements that may hereafter be made on the said Tract or parcel of land nor in any manner whatever to answer for or be accountable for more than the consideration money herein before mentioned in case of any future eviction given under our great seal of our said Province of Maryland, this Third Day of October Anno Domini, Seventeen Hundred and Seventy.
Witness our brother Robert Eden, Esquire, Governor and Commander in Chief, in and over our said Province of Maryland, Chancellor and Keeper of the great Seal thereof.
(signed and sealed)
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