| On this
sixth day of May in the year of Our Lord one thousand and eight
hundred and forty eight.
Before the
undersigned public notaire duly commissioned and sworn as such in
and for this part of the province of Canada formally called Lower
Canada residing in the District of Montreal.
Personally
appeared Alexander Macfie of the Parish of St. George's Clarenceville
in the Seignory of Foucault Allard’s Manor Esquire and
being duly assisted came with the consent and approbation
of Mrs Ann
Tough his wife, she acting in her capacity of curator commeit to said
Alexander Macfie her husband by xxxxx of an act of
curatorship duly
homologated by the Honourable George Pythe Esquire one of the XXX of
the court of the King’s bench for the District of Montreal, the ninth
February one thousand eight hundred and thirty one. On the
one part
And Robert Macfie
of the same place their son yeoman of the other part
Which said
parties
have and does hereby makes and enter in the following promises
conditions
and obligations viz:
1/ On the part of
the said Alexander Macfie and Ann Tough his wife they do hereby
promise, oblige and bind themselves jointly and severally to one for
the other under the renunciation of right to sell, cede, quit and
transfer with the usual guarantee in sales of land and freed and clear
of all trouble and hindrance whatsoever and of all Seignioral ground
rent and loans
et ventes up to the date, to the said Robert Macfie their son here to
acceptant for himself his heirs and offspring viz:
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The residue of
lot of land number six in the tenth concession of the said seignory of
Foucault or Allard’s Manor forming fifty superficial acres bound
East by the Missisquoi Bay, West by the ninth concession South by
part of lot number six, and north by lot number 7 with an old
house, a barn and a corn house there on.
2/ On the part of
Robert Macfie, he hereby promises, obliges and binds himself his heirs
and offspring to accept the aforesaid part of the lot of land herein
before described and pay to said Alexander Macfie Esquire and Ann
Tough his father and mother, their heirs and offspring for price and
consideration there of the sume of one hundred and eighty-seven pound
and ten shillings current money of this Province in the following
manner viz:
with in seven
years from this date without interest.
It is further
agreed by and between the said parties that until the aforesaid sum of
one hundred and eighty seven pounds and ten shilling currency shall be
paid that the said Robert Macfie shall have possession of the above
part
of lot number 6 and pay and deliver yearly and every year in the month
of February and to begin in the month of February rent, the one half of
the produce of the remaining part of the lot number six that is to say
of
grain hay and vegetables that may grow on the same every year and the
said
Alexander Macfie and his wife shall have the right of pasture every
year
and further the acceptance shall pay the Seigneurie of ground rent due
by the part of the lot number six regularly every year.
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The said parties
hereby promise agree and consent and bind themselves, their heir and
offspring to xxxx and xxxx act of the above part of lot number
six in due form.
Anytime
with in the above lapse of seven years and as soon as the said Robert
Macfie shall pay the above sume of one hundred and eight seven pounds
ten shilling or xxx by the party or parties refusing so to duly to pay
to the other the some of twenty five pounds currency which penalty
shall
be of rigour.
Election of
domicile at the place above mentioned where notwithstanding
Done and prepared
at St George de Henryville office of G A Dugas one of the notatairies
on the day of the month and year First above written under number one
thousand nine hundred and fifty and signed by the said parties and xxxx
notaries these presnets being first and duly read
True copy, the
original remaining on record in my office………………
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