Dated May Third 1844
Arthur W. O. Holdsworth to Mr. John Morry and Mr. Peter P. LeMessurier 
Conveyance of certain messuages lands and tenements situate at Ferryland, Newfoundland cons’on 600 pounds

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This indenture made the third day of May in the year of our Lord one thousand eight hundred and forty four between Arthur William Holdsworth of Dartmouth in the county of Devon in that part of the United Kingdom in Great Britain and Ireland called England Esquire of the one part and John Morry and Peter Paint LeMessurier both of the town of Saint John’s in the Island of Newfoundland Merchants of the other part. Whereas the said Arthur William Olive Holdsworth stands seized in his demesne as of fee by descent of the several messuages lands tenements and hereditaments hereinafter described. 

And whereas the said John Morry and Peter Paint LeMessurier have contracted and agreed with the said Arthur William Olive Holdsworth for the absolute purchase of the same free from encumbrances (except as hereinafter is excepted) at or for the price or sum of Six Hundred Pounds lawful current money of Newfoundland and the same are now intended to be conveyed to them and their heirs in the manner hereinafter expressed

And whereas it was agreed at the time of the said contract that the sum of Four Hundred pounds current money aforesaid part of the said purchase money should remain upon the security of the said premises in the manner and at such interest as hereinafter is expressed

Now this indenture witnesseth that in pursuance of the said agreement and in consideration of the sum of Two Hundred Pounds current money of the said part of the said purchase money in hand well and truly paid to the said Arthur William Olive Holdsworth by the said John Morry and Peter Paint LeMessurier at or before the sealing and delivery of these presents the receipt whereof the said Arthur William Olive Holdsworth doth hereby acknowledge and of and from the same doth acquit his charge and exonerate the said John Morry and Peter Paint LeMessurier respectively and their respective heirs executors administrators and assigns and every of them and also the said lands and hereditaments as well by these presents as by a receipt for the same sum hereupon endorsed and also for and in consideration of the further sum of four hundred pounds the residue of the said purchase money being secured to be paid to the said Arthur William Olive Holdsworth with interest at the times and in the manner hereinafter mentioned. He the said Arthur William Olive Holdsworth hath granted bargained and sold and by these presents doth grant bargain and sell unto the said John Morry and Peter Paint LeMessurier all the said messuages lands tenements hereditaments and premises situate lying and being in Ferryland in the Island aforesaid and comprised within the following limits or boundaries that is to say bounded on the North West by the High road leading to Caplin Bay on the South South West by a certain rock in the Harbour of Ferryland called or known by the name of “Anchor Rock” on the south by the said harbour of Ferryland, on the South East by property in the possession of Robert Holdsworth and on the North North East by the seashore of Caplin Bay together with all houses outhouses stores flakes buildings erections gardens meadows and appurtenances whatsoever to the same or any part thereof respectively belonging or in anywise appertaining as the same have hitherto been holden used occupied or enjoyed by the said Arthur William Olive Holdsworth, and all the estate right title interest property and possession claim and demand whatsoever both at law and in equity of him the said Arthur William Olive Holdsworth in, to, out of or respecting the said hereditaments and premises or any of them together with the deeds writings and evidences whatsoever which in anywise related to the same premises or any part thereof which now are or hereafter shall or may be in the possession of the said Arthur William Olive Holdsworth his heirs or assigns or any person or persons from whom he or they can or may procure the same without active or suit at law or in equity or true and attested copies of the same (as are of record) when or as soon as the said John Morry and Peter Paint LeMessurier or either of them or either of their heirs or assigns shall or may require the same but nevertheless at their cost charge and expense

To have and to hold the said messages lands and tenements and all and singular other the premises hereby demised or mentioned or intended so to be with their and every of their rights members and appurtenances unto the said John Morry and Peter Paint LeMessurier their heirs and assigns but nevertheless to and for the uses end intents and purposes hereinafter expressed concerning the same that is to say to the use of the said John Morry and Peter Paint LeMessurier their executors administrators and assigns for and during the term of five hundred years to be computed from the day next before the day of the date of these presents 

Subject nevertheless to the proviso or agreement for redemption and reconveyance of the said premises hereinafter contained and from and after the expiration or other sooner determination of the said term of five hundred years and in the meantime subject thereto and to the payment of the said principal sum and interest, intended thereby to be secured and also to the right of redemption of the said term under or by virtue of the said proviso or agreement to the use of the said John Morry and Peter Paint LeMessurier their heirs and assigns forever. 

Provided always and it hereby declared and agreed by and between the said parties that if the said John Morry and Peter Paint LeMessurier their or either of their heirs executors, administrators or assigns do and shall well and truly pay or cause to be paid unto the said Arthur William Olive Holdsworth his executors administrators or assigns or his and their lawful attorney or agent duly authorized and empowered to receive the same the full and clear sum of four hundred pounds of lawful current money aforesaid with interest for the same after the rate of Five Pounds of like lawful money for every hundred pounds by the year upon the days and in the manner hereinafter mentioned, (that is to say) the sum of two hundred pounds (part thereof) on the third day of May which will be in the year one thousand eight hundred and forty five together with interest for the whole of the said purchase money or sum of Four hundred pounds up to that time and the then remaining sum Two hundred pounds after the rate aforesaid on the Third day of May which will be in the year one thousand eight hundred and forty six, without any deduction or abatement whatsoever for or by reason of any cause matter or thing whatsoever and which said sum is the sum of Four hundred pounds as is mentioned in the condition of a certain Bond or obligation in writing under the hands and seals of the said John Morry and Peter Paint LeMessurier and one William W. Le Messurier bearing or intended to bear even date with these presents then and from thenceforth the said term herein before created shall cease determine and be utterly void to all intents and purposes whatsoever, save only and except that upon the request and at the cost of expense John Morry and Peter Paint LeMessurier their or either of their heirs executors administrators or assigns he the said Arthur William Olive Holdsworth his executors administrators or assigns shall or will surrender yield up assign or otherwise assure all and singular the said messuages lands tenements and premises therein comprised with their and every of their appurtenances and also the then residue of the said term for all their estate right title and interest therein and thereto under and by 

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virtue of these presents unto or in trust for the said John Morry and Peter Paint LeMessurier their heirs and assigns free and clear from all charges and encumbrances 

And the said Arthur William Olive Holdsworth for himself his heirs executors and administrators doth hereby covenant promise and agree with and to the said John Morry and Peter Paint LeMessurier their heirs and assigns and with and to each of them in the manner following that is to say that he the said Arthur William Olive Holdsworth at the time of the sealing and delivery of these presents is lawfully rightfully absolutely and well entitled to the messuages or tenements lands and premises hereby demised or mentioned or intended so to be and every part thereof

And also that he the said Arthur William Olive Holdsworth now hath in himself full power and lawful and absolute right and title to grant bargain sell and confirm all and singular the said hereditaments and premises and the possession and inheritance thereof, to the uses and for the ends intents and purposes and in the manner herein before declared concerning the same 

And the said Arthur William Olive Holdsworth doth for himself his heirs executors and administrators hereby further covenant promise and agree in manner following that is to say that he the said Arthur William Olive Holdsworth shall and will from time to time and at all times hereafter upon every reasonable request and at the costs and expense of the said John Morry and Peter Paint LeMessurier their heirs or assigns make due acknowledge perfect all and every such further and other lawful and reasonable acts conveyances matters and things whatsoever for the further better more perfectly or satisfactorily granting confirming or assuring the several messuages lands tenements and premises herein before granted and confirmed or mentioned or intended so to be to the uses and for the ends herein before declared concerning the same in such manner and form or otherwise (subject only and without prejudice to the said sum of Four Hundred pounds Interest) as they the said John Morry and Peter Paint LeMessurier or either of them or either of their heirs or assigns shall reasonably advise and require for his or their signature or execution

And the said John Morry and Peter Paint LeMessurier for themselves their heirs and executors and administrators doth hereby further covenant promise and declare with the said Arthur William Olive Holdsworth his executors administrators and assigns in manner following (that is to say) that they the said John Morry and Peter Paint LeMessurier their heirs executors and administrators or some or one of them shall and well and truly pay or caused to be paid unto the said Arthur William Olive Holdsworth his executors administrators or assign the said principal sum of Four Hundred pounds of lawful current money of Newfoundland with interest for the same after the rate of Five Pounds of like lawful money for every hundred pounds by the year at & upon the days and times and in the manner in the said proviso or agreement herein before contained for redemption of the said premises appointed for payment of the same respectively and according to the true intent and meaning of the same and of these presents 

And further that is default shall happen to be made in payment of the said sum of Four Hundred pounds and the Interest thereof or of any part of the same respectively unto the said Arthur William Olive Holdsworth his executors administrators or assigns at & upon the days and times and in manner herein before limited and appointed for payment thereof contrary to the true intent and meaning of the proviso and agreement herein before contained in that behalf then and in such case it shall and may be lawful for him the said Arthur William Olive Holdsworth his executors administrators and assigns from time to time and at all times hereafter during the continuance of the said term of five hundred years hereby granted or demised peaceably and quietly to enter into and upon and to have hold occupy possess and enjoy the messuages lands tenements and premises hereby granted for and during all the residue and remainder which shall be then to come and unexpired of the said term without any molestation, interruption disturbance claim or demand whatsoever of or by them the said John Morry and Peter Paint LeMessurier or either of them or either of their heirs or any person or persons whomsoever 

And moreover that they the said John Morry and Peter Paint LeMessurier their heirs executors administrators and assigns and all and every person and persons whomsoever having or lawfully claiming or possessing or who shall or may hereafter have or lawfully claim or possess any estate right title or interest into or out of the messuages, lands tenements and premises comprised in these presents or any part thereof shall and will from time to time and at all times hereafter after default shall happen to be made or in payment of the said sum of Four Hundred pounds or of the Interest thereof or of any part thereof respectively contrary to the true intent and meaning of the proviso and agreement herein before contained for that purpose at the request of the said Arthur William Olive Holdsworth his heirs executors administrators or assigns but at the expense of the said John Morry and Peter Paint LeMessurier their or either of their heirs executors or administrators make do acknowledge and execute all and every such further and other lawful and reasonable acts deed conveyances and assurances whatsoever not only for the further better and more perfectly granting or otherwise assuring all and singular the same messuages lands tenements and premises unto the said Arthur William Olive Holdsworth his executors administrators and assigns for and during the rest and residue of the said term which shall be then to come and unexpired but also for granting conveying and assuring the fee simple and inheritance of the same messuages lands and premises to or to the use of any person or persons and his or their heirs in trust for the said Arthur William Olive Holdsworth and his heirs as by him his heirs executors administrators or assigns shall be reasonably advised and required 

Provided always nevertheless and it is hereby further declared and agreed by and between the said John Morry and Peter Paint LeMessurier and Arthur William Olive Holdsworth and it is the true intent and meaning of these presents that until default shall be made in payment of the said principal sum of Four Hundred pounds or some part thereof or of the Interest thereof upon the days and at the times, or in the manner herein before appointed for payment of the same respectively it shall be lawful for the said John Morry and Peter Paint LeMessurier their heirs and assigns peaceably and quietly to have hold occupy possess and enjoy all and singular the lands messuages tenements and premises by these presents granted or mentioned or intended so to be without any molestation hindrance interruption or disturbance whatsoever of from or by the said Arthur William Olive Holdsworth his executors administrators or assigns or any other person or persons whomsoever rightfully claiming or having title to claim any estate right title or interest either at law or in equity from through under or in trust from him her them or any of either of them 

In witness whereof the parties to these presents have hereunto set their hands and seals at Saint Johns in the Island aforesaid on the day of the date first above written 

Holdsworth by his attorney
A. W. O. Holdsworth		John Morry		P.P. LeMessurier

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On back of document:

Signed sealed delivered by the within named Arthur William Olive Holdsworth by Nicholas Stabb his lawful attorney thereunto appointed and also by the within named John Morry and Peter Paint LeMessurier the words “their or either of their executors, administrators or assigns” in the first skin and the words “Paint LeMessurier” “his heirs executors and administrators” in the second skin being first interlined in the presence of us
Ernest Simms [        ]
Ewen T. Stabb

Received the remaining sums of Four Hundred pounds with the interest thereon as mentioned in the within deed of conveyance per the said John Morry and Peter Paint LeMessurier at the times therein specified
St. Johns, 2 June 1846
Witness William Richard

A. W. O. Holdsworth by his attorney 								Nicholas Stabb

Received from the within named John Morry and Peter Paint LeMessurier the sum of Two hundred pounds current money of Newfoundland being the sum within mentioned to be paid at or before the sealing and delivery of these presents

200 pounds sterling						A. W. O. Holdsworth by his attorney 								Nicholas Stabb
witness 
[      ] Simms [    ]
Ewen T. Stabb

I do hereby certify that on the twenty third day of May A.D. 1844 Nicholas Stabb party to the within Indenture did before duly knowledge the execution thereof before him whereupon the same on the twenty fourth day of July full daily registered at pages 250. 251. 252. 253. 254. 255. 256. 257. 258 of the third volume of the Registry of Deeds for the Southern District of Newfoundland
George Simms
Registrar

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Transcribed by Greg Walsh
Provincial Archives of Newfoundland and Labrador
2 December, 2003