Description Deed of Acadia Coal Company Limited

Acadia Coal Company Limited to Isaiah Boutiller Form for Deeds THIS INDENTURE made the twelfth day of April in the year of Our Lord One Thousand Eight Hundred and Eighty eight. Between the ACADIA COAL COMPANY, "LIMITED", (word "LIMITED" has been stamped above the name each time it is cited) a body corporate, of the one Part, and Isaiah Boutillier of the other part, Witnesseth, That the said ACADIA COAL COMPANY, "LIMITED" for and in consideration of the sum of two hundred Dollars of lawful money of Canada to them in hand paid by the said Isaiah Boutillier at or before the ensealing and delivery of these Presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, remised, released, enfeoffed, conveyed and confirmed, and by these Presents do grant, bargain, sell, alien, remise, release, enfeoff, convey and confirm, unto the said Isaiah Boutillier his HEIRS and ASSIGNS, All that certain lot, piece or parcel of LAND, situate, lying at Westville in the County aforesaid, abutted, bounded, and described as follows, that is to say: Lying to the westward of the Drummond Railway and northward of the Old Middle River Road. Beginning on the north side of the Old Middle River Road at a point distant on the said side from its intersection with the Drummond Railway fourteen chains and ninety links (14 chs-90lks) thence to run north thirty four degrees east (N34 E) sixteen chains and ninety links (16chs-90lks) on to the boundary line between Acadia Coal Co. Ltd. and Nova Scotia Coal Co. as defined by Mutual Consent Oct. 1886 thence along said line north sixty-five degrees west (N65 W) five chains and twelve links (5chs - 12lks) thence south thirty four degrees (S34 W) sixteen chains twelve links (16chs-12lks) on to the north side of the Old Middle River Road thence along said Road south fifty five degrees east (S55 E) to the place of beginning Containing in all eight acres and thirty square rods (18acrs-30sq rds) more or less. Together with the buildings, easements, ways, water, water- courses, and appurtenances thereto belonging, and the reversion and reversions, remainder and remainders, rents, issues and profit thereof, with all the estate, right, title, interest, property, claim and demand, of the said ACADIA COAL COMPANY, "LIMITED", of, in, to, out of and upon the said described lot, piece and parcel of land, every part and parcel thereof, excepting and reserving nevertheless to the said ACADIA COAL COMPANY, "LIMITED", its successors and assigns, all beds and seams of coal, in and under said land and premises, and also the right to excavate and dig under and beneath said premises, and every part thereof, for the purposes of mining and raising coal and other minerals in such places and at such times, and in such manner and ways as the officers of the said ACADIA COAL COMPANY, "LIMITED", , its successors or assigns may deem expedient, and to do such work as may be incident or necessary in that behalf, without being or becoming liable in any way to the said Isaiah Boutillier or any person or persons whomever claiming under him for any loss or damage sustained, or alleged existing under said premises, or of any which may hereafter be made there, or of any mining work or operations which may hereafter be carried on or done therein or thereunder by the Company r on its behalf; or of teh explosion, burning or caving in of any of the said mines or excavations; or of the subsidence of or alterations in the surface of the ground above or near them or any of them, no matter how caused ore created, TO HAVE AND TO HOLD the said described lot, piece and parcel of land and premises, with the appurtenances, unto the said Isaiah Boutillier heirs and assigns forever, subject always to the reservations hereinbefore mentioned. And the said Isaiah Boutillier his heirs and assigns, at any time hereafter, sell, lease, or convey the said lot, piece, or parcel of Land, or any part thereof, he or they shall insert in the deed, lease or conveyance thereof, a proviso that the purchaser or receiver thereof shall prohibit the purchaser, or his assigns, by covenant and conditions equivalent in law to those contained in this Deed, from selling or permitting, or causing to be sold by wholesale or retail, spirituous or intoxicating liquors on any part of the said described premises; and nay future Deed or lease of such premises not containing such restrictions on any letting or hiring thereof, shall be absolutely void and of no effect, anything herein contained to be contrary notwithstanding. And the said ACADIA COAL COMPANY, "LIMITED", their successors or assigns, upon breach of any of the foregoing covenants, provisions, stipulations and conditions by the said Isaiah Boutillier his executors, administrators and assigns, or any person or persons, company or companies claiming by, from or under him may, without any previous formal demand or proceeding, enter into and take possession of the said premises, as if this Deed had not been made; and should the said Isaiah Boutillier his heirs, executors, administrators and assigns, violate either or any of the foregoing covenants, stipulations, agreements and conditions, then and in such case this Deed and the estate hereby created or conferred shall be and become null and void, and the said lot, piece or parcel of land above described, with the appurtenances, shall revert to and without entry being made for breach of any of said stipulations, covenants or conditions, and the said lot, piece, or parcel of land above described, with the appurtenances, shall revert to and be reverted in the ACADIA COAL COMPANY, "LIMITED", their successors or assigns, any act or thing herein contained to the contrary notwithstanding. And the said Isaiah Boutillier for himself and his heirs, executors, administrators and assigns, doth hereby covenant to and with the said ACADIA COAL COMPANY, "LIMITED", and its assigns, that he will not, nor will they or any of them, use, or suffer or permit said property to be used, for any use or purpose directly or indirectly prohibited by this Deed. IN WITNESS WHEREOF, the said ACADIA COAL COMPANY, "LIMITED", have hereunto caused to be set their corporate seal, and their President hath hereto set his hand, and the Secretary thereof hath countersigned and attested the same, for and on behalf of said Company, the day and year first above written. Signed J.N.Clrudenn** (Company seal affixed) President of the ACADIA COAL COMPANY, "LIMITED" Countersigned and attested: Signed Philip P. Harris Secretary of the ACADIA COAL COMPANY, "LIMITED" Witness to the Seal and Signature of the President and Secretary: H. Percy Ashley $200.00 Received on the day of the date of the foregoing Deed from the within named Isaiah Boutillier the sum of two hundred dollars of lawful money, being the consideration money herein mentioned. Signed J. N. Clrudvenn ** President of the ACADIA COAL COMPANY, "LIMITED" UNITED STATES OF AMERICA STATE OF NEW YORK, CITY OF NEW YORK, S.S. I, H. Percy Ashley, of the City of New York, in the State of New York, in the United States of America, make oath and say that I am a subscribing witness to the foregoing Deed of Indenture, that I was personally present and did see the ACADIA COAL COMPANY, "LIMITED", by their President and Secretary, duly sign, seal and execute the same for the purposes therein contained. Signed H. Percy Ashley Sworn to at New York aforesaid this 12th. day of April A.D. 1888. Before me Signed William Molloy Notary Public Kings County, N.Y. Certificate filed in N.Y. Co. UNITED STATES OF AMERICA STATE OF NEW YORK, CITY OF NEW YORK, S.S. I, William Molloy, of the City of New York, in the State of New York, in the United States of America, a Notary Public, by lawful authority duly admitted, qualified and sworn, residing and practicing at New York aforesaid, do hereby certify to all whom it doth concern, that H. Percy Ashley, whose name is subscribed to the foregoing affidavit, personally appeared before me on the day of the date hereof, and made solemn oath that the contents of the same are true, and that he was personally present and did see the ACADIA COAL COMPANY, "LIMITED", one of its parties to the foregoing Deed of Indenture, by their president and Secretary, duly sign, seal and execute the same for purposes therein mentioned. In Witness Whereof, I have hereunto subscribed my hand and affixed my Notarial Seal this Twelfth day of April in the year of our Lord 1888. Signed William Molloy Notary Public, Kings County, N.Y. ( large orange seal affixed) Certificate filed in N.Y. Co. Province of Nova Scotia Registrars Office, Pictou 19th. May 1888. I certify that the within instrument was duly registered at 11 AM of the above day in Book 91 Pages 716, 717, 718, 719 & 720 . On the certificate of William Molloy Not Pub. John Ferguson Regr.