Description Lease, Ebenezer McLeod and Wife to Robert Archibald

Front:

“Ebenezer McLeod and Wife
To
Robert Archibald

Lease
Date AD 1865”

 

Inside:

“This Indenture made this        day of         in the Year of Our Lord One Thousand Eight Hundred and Sixty Five between Ebenezer McLeod of West River in the County of Pictou Farmer and Catherine B. McLeod his wife of the one part and Robert Archibald of Middle River in said County Farmer of the other part.

Whereas the said Catherine B. McLeod is [suyed?] and possessed in her own right of a life estate in a certain lot of Land and appurtenances situate at Middle River aforesaid by virtue of the last Will and Testament of Samuel Archibald deceased. And Whereas since she became seized and possessed of the said interest in the said lot of Land and premises she has intermarried with the said Ebenezer McLeod. And Whereas the said Ebenezer McLeod and Catherine B. McLeod have agreed with the said Robert Archibald to lease a portion of said Lot of land to the said Robert Archibald for the term and on the conditions hereafter stated.

Now therefore This Indenture witnesseth that the said Ebenezer McLeod and Catherine B. McLeod for and in consideration of the rents and covenants hereinafter reserved and set forth and on the part of the said Robert Archibald to be paid and performed do and each of them doth demise lease and to form let unto the said Robert Archibald his Executors Administrators and assigns a portion of said lands with the houses building and appurtenances, which said portion is particularly described as follows: Beginning at a Brook which forms the West boundary line of one Alexander Douglas’s farm lot at the end of a Dike on the marsh; thence the various courses of the said Brook up stream to the place where the said Alexander Douglas’s line diverges from said brook and runs up the hill and to rim from thence North Sixty Two and a half degrees West Forty two roads more or less to the Old Road; Thence South Twenty four degrees West twenty three and a half Roads; thence North Sixty Two and a half degrees West Fifty Five Roads and nineteen links; thence Southerly parallel with the Road until [it] comes to John Porter’s line Forty One Roads more or less; thence South Sixty Two and a half degrees West Forty Seven roads; thence North ten roads; thence south sixty two and a half degrees West One Hundred and Fourteen Roods to the edge of the marsh; thence along William Archibald’s line to Porter’s Guy, thence following Porter’s Gut to Pillar Island; thence by Pillar Island to the Old Dike; thence along the Old Dike to the place of beginning containing forty four and one half acres more or less; To Have and To Hold the said above described lot of land and premises with the appurtenances to him the said Robert Archibald his Executors Administrators and assigns from the first day of March which shall be in the year of Our Lord One Thousand Eight Hundred and Sixty Six for and during the natural life of the said Catherine B. McLeod, Yielding and paying therefore yearly and every year during the life of the said Catherine B. McLeod the rent or sum of Twenty Dollars of lawful money of the Province of Nova Scotia and a proportionate part of said rent or sum for any portion of a year during which the demised premises shall be held under this lease; the said yearly rents hereby reserved to become due and payable on the first day of March in each year the first of such payments to be made on the first day of March in the year of Our Lord One Thousand Eight Thousand and Sixty Seven. And the said Robert Archibald for himself his Executors administrators and assigns doth hereby covenant promise and agree to and with the said Ebenezer McLeod and Catherine B. McLeod their Executors Administrators and assigns that he the said Robert Archibald his executors administrators or assigns shall and will well and truly pay to the said Ebenezer McLeod his Executors Administrators or assigns the said yearly rent or sum of Twenty Dollars as the same shall become due during the joint lines of the said Ebenezer McLeod and Catherine B. McLeod, and in the case of the death of the said Ebenezer McLeod his wife Catherine B. McLeod hi surviving that then the said Robert Archibald his executors administrators or assigns shall and will pay the said rents hereby reserved as the same shall become due to the said Catherine B. McLeod during the residence of the life of the said Catherine B. McLeod after the death of the said Ebenezer McLeod; and also that the said Robert Archibald his executors administrators and assigns shall and will from time to time and at all times during the said term at his and their own charges and expense over and above the rents hereby reserved well and sufficiently repair and amend the demised premises houses buildings and fences and every part there of with all manners of needful repairs and amendments and that he or they will not do commit or suffer any waste upon the demised premises during the said term but will maintain the demised premises in as good plight as they are now in reasonable use and wear there of and damage or destruction by fire or unavoidable casualties only excepted. Provided always nevertheless that if the said premises shall not be sufficiently repaired and amended within six months after notice given or left with the tenant of the same for the time being; or if the said Robert Archibald or his assigns shall commit or suffer waste of the demised premises; or if the said rents shall be in arrear by the space of six months after the same shall have become due that then and in any or either of the said cases it shall and may be lawful for the said Ebenezer McLeod or Catherine B. McLeod or his or her assigns to reenter the demised premises and eject the said Robert Archibald or his assigns and the same to have again and enjoy in as full and ample a manner as if this lease had not been made and the said lease shall become null and void anything to the contact thereof in these presents notwithstanding –

In Witness whereof the parties to theses presents have hereunto subscribed and let their hands and seals the day and year herein first above written –

Signed Sealed and Delivered
            in presence of

 

Pictou S.S.      Be it remembered that on this day of _______ in the year of Our Lord One Thousand Eight Hundred and Sixty Five before me the Subscribers one of Her Majesty’s Justices of the Pease for the County of Pictou personally came and appeared Catherine B. McLeod one of the parties to the foregoing Indenture and wife of Ebenezer McLeod therein named and party there to who being by me examined separate and apart from her said husband acknowledged that she did sign  seal and deliver the said Indenture voluntarily and without any compulsion from his said husband for the purposes therein contained.”