Thomas Pike and G&J Kemp and Co, 1807

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This Indenture made the 31st day of January in
the forty seventh year of the Reign of Our Sovereign Lord
George the third of the United Kingdom of Great Britain
and Ireland King Defender of the faith & so forth
and inthe year of Our Lord one Thousand Eight Hundred
& seven, Between Thomas Pike of Carbonear in the
District of Conception Bay and Island of Newfdland
planter of the One part and George Kemp & James
Kemp & Co of the Town and County of Poole of the
other part - Whereas the said Thomas Pike at sundry
times heretofore has had dealings with them the said
George Kemp & James Kemp & Co or their [faelor or factor ?] or
agent for the time being at Carbonear aforesaid
and received Goods, Wares & Merchandize of them to a
considerable amount and thereby contracted a
Debt with them amounting in Value to the Sum of
Eighty three pounds Sterling, which debt he is
at present unable to pay off or discharge.
    Now this Indenture Witnesseth
that the said Thomas Pike for and in consideration
of the aforesaid sum of Eight three pounds
of lawful money of Great Britain to him paid
and advanced in manner aforesaid, the receipt
whereof he the said Thomas Pike hereby doth
acknowledge & himself to be therewith fully
satisfyed - Hath granted bargained sold assigned
transferred and set over and by these presents doth
grant, bargain, sell assign transfer & set over
unto them the said George Kemp & James Kemp
& Co. all that fishing Room or Plantation situate
at the South side of Carbonear and now in the
possession of the said Thomas Pike, being bounded
                                              and
[page 378:]
and so forth as to records registered in Harbour Grace Court
together with all and singular the Dwelling House &c. &c.
To have and to hold the said fishing Room, plantation &c. &c.
as before mentioned unto them the said George Kemp and
James Kemp & Co their Heirs Execu^rs adm^rs and assigns for
ever --- And the said Thomas Pike doth hereby for
himself his Heirs Execu^rs adm^rs & assigns Covenant promise
and agree to and with the said George Kemp & James
Kemp & Co, their Heirs Exec^rs adm^rs and assigns that the
hath in himself and by himself good right full power & lawful authority
to sell and dispose of the beforementioned bargaind
premises & that he will forever warant & defend them in the full
free entire & ample possession thereof against the lawful
claims of any person or persons whatsoever provided al-
ways - And this Indenture further Witnesseth that though
the aforesaid bargain and Sale is upon this express condition
yet that if the said Thomas Pike his Executors adminis^rs &c
shall well (on or before the first day of November in
each year and yearly) and truly pay or cause to be
paid unto the said George & James Kemp & Co their Heirs
Execu^rs &c or to their attorney or agent for the time
being the full sum of Seven pounds of lawful money
of Great Britain or the value thereof in approved Bills
of Exchange or Merchantable codfish or cod oil and
continue so to do untill such yearly payments come
to and make up the full sum of Eighty three
pounds so due and owing as aforesaid That
then this bargain and sale shall cease determine
and become void & of none Effect whatsoever and
the before mentioned bargained premisses shall be
and continue unto him the said Thomas Pike his
Executors adm^rs & assigns as his & their own proper
Lands, tenement and Effects in as full and ample
                                               a
[page 379:]
a manner as if these presents had never been made.
    And lastly it is concluded and agreed
upon by and between the parties aforesaid that
if the said Thomas Pike, his Exec^rs &c shall make
default in paying the yearly rent charge or annuity
as aforesaid in such form as [herein] before mentioned
and agreed upon, that then it shall be lawful
for the said George & James Kemp & Co their Heirs
&c to enter and possess the said premisses and receive
the rents, profits & issues thereof in as full and ample
a manner as the said Thomas Pike his Executors
&c could have have hold or enjoy the same any
hereincontained to the contrary notwithstanding
In witness whereof the parties have hereunto
set their hands and Seals the day & year first
above written
Signed sealed & delivered where   ] Thomas his x mark Pike (seal)
no stamps are used in             ]
presence of Robert Pack           ] for Geo & Js Kemp & Co
           Wm Bemister                Henry C Watts (seal)

    The foregoing is a true copy of the Original Bill
    of Sale recorded here the 12th day of March
    1808        By order of the Surrogate
                   Oliver St John Reg^r

Last Modified: Tuesday, 11-Apr-2006 08:54:59 NDT