Description William Sutherland, East River 1869

Deed 

Bishop of Nova Scotia and others to William Sutherland Dated 19th January 1869

This Indenture made the nineteenth day of January in the year of Our Lord One Thousand Eight Hundred and Sixty nine between Hibbert Binney, Bishop of Nova Scotia, and the very Reverened William Bullock DD the Reverend Edwin Gilpin DD and the Reverend John Abbott ordained clergymen of the Church of England of the one part, and William Sutherland of the East River of Pictou County of Pictou of the other part:  WHEREAS by Letters Patent under the Great Seal of the Province, bearing date on or about the Thirty-first day of May, in the year of Our Lord One Thousand Eight Hundred and Thirteen, certain tracts of Land containing Twenty Thousand Acres were granted to the Right Reverend Charles Inglis and his successors in the Bishoprie of Nova Scotia, TO HOLD the said tracts of Land to the said Bishop and his successors for ever for the use, support and maintainance of a Dean and Chapter whenever thereafter appointed for the Diocese of Nova Scotia, as by reference to the said Letters Patent will more fully appear; AND WHEREAS about Five Thousand Acres of Land being one of the tracts so granted as aforesaid are situated in the Counties of Pictou and Colchester, the boundary line of the said Counties running through the said tract; And whereas by an Act passed in the Year of Our Lord One Thousand Eight Hundred and Sixty power is given to any Episcopal Sole Corporation to dispose of Real Estate so held in trust as aforesaid by Deed executed by him and any three ordained clergymen of the denomination to which he belongs; and the said HIBBERT BINNEY, Bishop as aforesaid, hath agreed to and with the said William Sutherland to sell and convey to him, his heirs and assigns, a part and parcel of the said tract of Land so situate in the said Counties as aforesaid, which said tract hath been surveyed and sub-divided, and a plan thereof has been duly registered in the office of the Registrar of Deeds in the County of Pictou, and the said William Bullock DD Edwin Gilpin DD and John Abbott are ordained clergymen of the Church of England in Nova Scotia, and have joined in and become parties to this Indenture in conformity with the Twenty-eighth Chapter of the Statutes of the Provincial Legislature made and passed in the year last aforesaid:

NOW THIS INDENTURE witnesseth that the said HIBBERT BINNEY, Bishop as aforesaid, and the said William Bullock Edwin Gilpin and John Abbott ordained clergyment as aforesaid, for and in consideration of one hundred and forty eight dollars 40¹/ooo to the said HIBBERT BINNEY, in hand paid by the said William Sutherland at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold remised, released, enfeoffed and confirmed, and by these presents do grant, bargain, sell, remise, release, enfeoff and confirm unto the said William Sutherland his heirs and assigns, all that certain lot piece and parcel of Land, being part and parcel of the said tract of Land so situate as aforesaid, bounded and described as follows, that is to say: That is to say Lot number six

Deputy Surveyor, and on file as aforesaid with the woods, ways, waters, water-courses and appurtenances thereof, and the remainder and remainders, reversion and reversions, rents, issues and profits thereof, and all the interest, right, title, claim, property and demand of him the said HIBBERT BINNEY, Bishop as aforesaid, and the said William Bullock Edwin Gilpin and John Abbott ordained ministers as aforesaid of, in, to and upon the same.  TO HAVE AND TO HOLD the same and every part and parcel thereof to him the said William Sutherland his heirs and assigns to his and their use for ever.

AND the said HIBBERT BINNEY, Bishop as aforesaid, for himself, his heirs and successors, doth covenant, promise and agree to and with the said William Sutherland his heirs and assigns, in manner following, that is to say, That the said William Sutherland his heirs and assigns may and shall quietly enter into, hold, possess, and enjoy the said lot, piece or parcel of Land, with the appurtenances, without let, hinderance or eviction from or by any person or persons lawfully claiming the same or any part thereof, and that he the said HIBBERT BINNEY, Bishop as aforesaid, his heirs and successors, the said Lot of Land and premises, with the appurtenances, to him the said William Sutherland his heirs and assigns will for ever warrant and defend against all persons lawfully claiming or to claim the same.

IN WITNESS whereof the parties to these presents have hereunto their hands and seals subscribed and set in the year aforesaid.

Signed, Sealed and Delivered in presence of} Beverley Bullock

H Nova Scotia; William Bullock; Edwin Gilpin; John Abbott

Received from William Sutherland one hundred and forty-eight dollars 40¹/oo on the  day of  instant 

Thomas Ritchie; Notary Public