Description William Patterson Lease

77-035 William Patterson Lease

 

“LEASE
William Patterson to James McNaught
Dated 1^st June 1858

 

This Indenture made this first day of June in the year of our Lord one thousand eight hundred and fifty eight between William Patterson of Pictou in the County of Pictou and the Province of Nova Scotia, tinsmith of the one part and James McNaught of the same place, labourer of the other part. Witnesseth that in consideration of the [reuts?] hereinafter reserved and the covenants and agreements hereinafter mentioned and contained on the part and behalf of the said James McNaught his Executers administrations and assigns to be paid done and performed, he the said William Patterson hath granted demised leased set and to farm let and by these presents doth grant demise lease set and to farm let unto the said James McNaught his executers Administrations and assigns all that certain lot piece or parcel of land situate lying and being at Pictou aforesaid in the County aforesaid and bounded as follows that is to say Beginning on the north side line of George M. Johnston’s land at the East margin of a street fifty feet wide to run, from the new road leading from Pictou to Wes River, northwardly between the said William Patterson’s land and a lot sold by him to James Purves, thence northwardly along said street fifty feet thereon East one hundred feet hence southwardly on a line parallel with the street aforesaid fifty feet to the north line of George M. Johnson’s land aforesaid hence west along said north line one hundred feet to the place of beginning with all and singular the buildings and improvements, and all buildings and erections to be built and erected thereon and all ways waters watercourses easements commodities privileges and appurtenances thereunto belonging or in anywise and premises with the appurtenances unto the said James McNaught his executors administrators and assigns from the day of the date hereof for and during and until the full end and ended. Yielding and paying therefore yearly and every year during said term unto the said William Patterson his heirs and assigns, on the first day of June in each and every year, the yearly rent or sum of one pound two shillings of lawful money of Nova Scotia free and clear of all rates, taxes, charges, assessments, and payments whatsoever already taxed charged assessed or imposed upon the said hereby demised premises or any part thereof during the said term hereby granted.

And the said James McNaught for himself, his heirs, executors, administrators, and assigns doth in and by these presents covenant promise and agree to and with the said William Patterson, his heirs, and assigns in manner flowing that is to say that he the said James McNaught, his heirs, executors, administrators, and assigns shall and will yearly and every year during the term of this demise well and truly pay or cause to be paid unto the said William Patterson, his heirs, and assigns, the said yearly rent or sum of one pound two shillings of lawful money of Nova Scotia, on the first day of June in each year, without making any deduction or abatement thereout for or in respect of an rates taxes charges assessment or payments whatsoever taxed charged assessed or imposed on to be taxed charges assed or imposed upon the aid hereby demised premises or any part thereof during the said term hereby granted; All which rates taxes charges assessments or impositions he the said James McNaught, his heirs, executors, administrators, or assigns will hear, pa, and discharge, and thereof and therefrom Patterson his heirs and assigns – and further that he the said James McNaught, his heirs, executors, administrators, and assigns shall and will at the expiration of the term of this demise or at any time thereafter when he the said William Patterson, his heirs, and assigns shall require the said James McNaught, his heirs, executors, administrators, and assigns so to do – peaceably and quietly leand surrender and yield up the said lot of land hereinbefore described together with all and singular the Houses, outhouses, barns, stable buildings and erections whatsoever which he the said James McNaught, his heirs, executors, administrators, and assigns shall hand built and erected on the premises hereby demised or which shall then remain standings thereon unto the said William Patterson, his heirs, and assigns he or they allowing and paying unto the said James McNaught, his heirs, executors, administration, and assigns such a sum of money as the said houses, outhouse, barns, stables, buildings, and erections shall be adjudged worth by three disinterested persons, (one to be chosen by the said William Patterson, his heirs, and assigns, one by he said James McNaught, his heirs, executors, administrators, and assigns, and the third by the two persons so to be chosen) or any two of them, and that the sum of money so to be adjudged the worth or value of the said house, outhouse, barns, stables, buildings, and erections the said James McNaught, his heirs, executors, administrators, and assigns shall and will accept in full for the same. But nothing herein contained shall make it compulsory with the said William Patterson, his heirs, and assigns to pay to the said James McNaught, his heirs, executors, administration, and assigns the value of the said houses, outhouse, barns, stables, buildings, erections at the time of the expiration of the term of this demise but the said valuation and appraisement shall be made and the amount thereof paid by the said William Patterson, his heirs, and assigns as aforesaid before or at such time as he or they shall regain the said James McNaught, his heirs, executors, administration, and assigns to leave surrender and yield up the premises as aforesaid.

And lastly it is hereby covenanted and agreed to by and between the parties hereto that if the said William Patterson, his heirs, executors, administrators, and assigns will not pay to the said James McNaught, his heirs, executors, administrators, and assigns the appraised value of the houses, outhouses, barns, stables, buildings, and erections as aforesaid at the time of the expiration of the term of this demise but will choose rather to extend or continue this lease for a further period; then this lease shall be extended or continued for such further period as will then he determined or agreed on by the said parties provided the said James McNaught, his heirs or assigns do ot purchase the said lot of land and premises hereby demise from this said William Patterson, his heirs, executors, and administrators, or that the parties hereto do not make some other suitable arrangement about he said lot of land and premises.

In witness whereof the parties to these present hand hereunto their hands and seals subscribed ad set the day and year first before writing.

Signed, Sealed, and executed in presence of George Hattie

William Patterson

 

James McNaught”