Description Agreement between Miller Brothers and David Duncan

Agreement Between Miller Brothers

And

Name: David Duncan

Date: Aug 26, 1890

Residence: Stellarton

Style of: 10 Barn Argon

No of:24484

Payment due: Nov 26 1890

For 30 months

Value of ___

Amt of 143 compensation.

For value Received, hereby guarantee the payments of within lease at dates specific

Piece and price of Aug 1890

Witness John Ferguson Ref

This Agreement, made by and between Miller Bros , Middleton, Nova Scotia, Merchants, hereinafter called the party of the first part and David Duncan of Stellarton County of Pictou hereinafter called the party of the second part. Witnesseth: The party of the first part hereby demises, leases and rents to the part of the second part, One Farm Argon #10 NO. 24484 for the period of thirty months from the date hereof, for the consideration of the sum of one hundred and forty five dollars, payable promptly at the office or the said Miller Bros., Middleton, Nova Scotia, as herein mentioned.

 Ten dollars to be paid in three months form date and five dollars to be paid every month till the whole ___ is paid for which payments the said party of the second part has given to the said party of the first part certain promissory notes for $143 bearing even date herewith and payable as a __ months after date.

And the said party of the second part hereby agrees to use said Argon with all reasonable and proper care and pay for use thereof the said several sums above mentioned in the manner and at the times above specified.

In case the said party of the second part shall fail to make said payments at the times and the manner as above stated or shall in any way violate any of the conditions herein, or in case the said party of the second part shall become insolvent or abscond from the Province of Nova Scotia or shall in anywise become involved so that the said Argon shall become liable to seizure for debts of the party of the second part or to distress for rent or shall attempt to sell or dispose of the same then and in such case the party of the first part shall be entirled to take immediate possession of the said Argon and all the rights of the party of the second part there to shall wholly cease and determine.

And it is further Agreed, by and between said parties that if they said party of the second part shall at any time within thirty months from this date pay to the said party of the first part of the sum of 143 dollars, the said party of the first part agrees on receipt of said sum to deliver to the said party of the second part one style 10 argon notwithstanding any previsions herein contained the said Argon shall remain the property of the said party of the first part until he otherwise hereafter dispose of it, and it si not to be removed form the resent residence of the said party of the second part without full authority in writing from the said party of the first part. 

In witness whereof, we have hereunto subscribed our names and affixed our seals, this 26^th day of August 1890

(Signed) Miller Bros/David Duncan

Signed, sealed and delivered in the presence of

Edan Morris

On hiring by me Miller BROS a claim and right of distress thereon for rent now due or hereafter to accrue due for house and premises rented by me. 

Province of Nova Scotia,

County of Pictou

I Edna Morris of New Glasgow in the county of Pictou make oath and say as follows…

I am the subscribing witness to the within written or accompanying lease or agreement for sale and the same was signed and executed in my presence by the therein named Parties. 

Sworn to at New Glasgow in the County of Pictou this 20^th day of August A.D., 1890, before me, James Roy J.P

 

Province of Nova Scotia County of Pictou

I, E Morris of New Glasgow in the County of Pictou, agent for the said make oath as follows:…

1. I am the agent of the heir, lessor or bargainer mentioned in the within written or accompanying lease or agreement for sale
2. The said lease or agreement truly sets forth the agreement between the parties thereto and truly set forth the claims, lien or balance due to the said hirer, lessor, or bargainer, and was executed in good faith and for the express purpose of securing to said heir, lessor or bargainer the payment of the claim, lien or charge thereon, at the times and under the terms set out in the said lease or agreement, and for no other purpose

Sworn to at New Glasgow in the County of Pictou this 21th day of August A.D., 1890 before me James Roy J.P.