HomeMy WebLinkAbout939"Date March, 1895
Mrs. Sarah J. Burk
To
Wm Boyd Burk
Farm Lease
Lot No.s 21 & 22 in the Fourth
Concession, Township of Pickering
Printed by Rowell & Hutchison, 76 King St. East, Toronto
Donad R. Beaton
Conveyancer,
Whitevale
"
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"This Indenture, made in duplicate the day of March in the year of our Lord one
thousand eight hundred and ninety five between Mrs. Sarah Jane Burk wife of J. B. Burk
of the Township of Pickering, in the County of Ontario, Gentleman (herein after called the
Lessor), of the FIRST PART: and William Boyd Burk, of the same place, Yoeman,
Witnesseth, That for and in consideration of the yearly rent, covenants and conditions
hereinafter reserved and contained, she the said Lessor Doth demise, lease and to farm
let, unto the said Lessee his executors, administrators and assigns, ALL that certain
parcel or tract of Land situate, lying and being in the Township of Pickering,
in the County and Province of Ontario, containing One Hundred Acres more of less,
and being Composed (Firstly) of the South-half of the North-half of Lot number
Twenty-one in the Fourth Concession of the said Township of Pickering, and (Secondly)
the East half of the North Half of Lot Number Twenty-two in the said Fourth Concession
of the Township of Pickering (excepting thereof and thereout , however, that part of the
Dwelling-House on said demised premises as are at present occupied by the said
Lessor; excepting also that portion of Garden and Orchard on said premises and all
privileges at present held and enjoyed by said Lessor thereon, the said exceptions
being reserved for the use and benefit of the said Lessor, and includes the Orchard
known as the “Gardenwood Orchard” containing about Four Acres, and of the
Dwelling-House the East lower Flat, and the South-East Bedroom in the upper
Flat ), Together with all erections and buildings, barns, stable sand other outhouses
thereupon erected, standing and being , or hereafter during the said term to be erected,
standing and being, AND TOGERHER ALSO with all ways, paths, passages, waters,
watercourses, privileges, advantages and appurtenances whatsoever to the same
premises belonging, or in anywise appertaining . To have and to hold the same unto
the said Lessee his executors, administrators and assigns, for the term Five Years to be
computed from the First day of April in the year of our Lord one thousand eight hundred
and ninety four. Yielding and Paying therefor yearly and every year during the said term
unto the said Lessor the clear yearly rent sum of Three Hundred and Fifty Dollars of lawful
money of Canada, on the First day of the month of January
In each
"
"In each and every year during the said term, without any defalcation or abatement
thereout on any account whatsoever, the first of such payments to become due and to
be made on the First day of January, AD. 1895 and the last thereof on the First day of
January, A.D. 1899.
And the said Lessee doth hereby for Himself, his heirs, executors, administrators and
assigns. Covenant, promise and agree, to and with the said Lessor her heirs and
assigns, in manner following that is to say: That he the said Lessee His executors,
administrators or assigns, or some or one of them, shall and will well and truly pay,
or cause to be paid, into the said Lessor, her heirs or assigns, the said yearly rent of
Three Hundred and Fifty Dollars on the day and times , and in manner hereinbefore
mentioned and appointed for payment thereof, without any deduction or abatement
thereout on any account whatsoever. And also shall and will from time to time,
and at all times during the said term well and truly pay or cause to be paid,
all taxes rates, levies duties, charges assessments and impositions whatsoever,
whether parliamentary, municipal or otherwise, which now are, or which during the
continuance of the said term hereby demised, shall at any time be rated, charged,
assessed or imposed on said premises, or any part thereof.
And that the said Lessee will during the said term, cultivate, till, manure,
and employ such part of said demised premises as is now, or shall hereafter be
brought under cultivation, in a good husband-like and proper manner,
so as not to impoverish or injure the soil, and plough such land in each year during
said term. and at the end of said term will leave the said land so manured as aforesaid.
And will crop the same during the said term by a regular rotation of crops in a proper
farmer-like manner, so as not to impoverish or injure the soil of the said land,
and will use his best and earnest endeavours to rid said land of all dock, wild mustard,
red roots, Canada Thistle and other noxious weeds. And will preserve all orchard and
fruit trees on the said premised, from waste, damage or destruction; And will spend,
use and employ, in a husband-like manner, upon the said premised, all the straw and
dung which shall grow, arise, renew, or be made thereupon; And will allow any incoming
tenant to plough the said land after harvest in the last year of the said term, and to have
stabling for two horses and bedroom for one man. And will leave at least ten acres
seeded down with timothy and clover seed.
And shall not nor will during the said term cut any standing timber upon the said lands,
except for rails or for buildings upon the said demised premises permission first
being had from said Lessor, and shall not allow any timber to be removed from off the
said premises esceot by said Lessor , her agents or assigns;
And also shall and will, at the costs and charges of the said Lessee well and
sufficiently repair and keep repaired the erectionsand buildings, fences and gates
erected or to be erected upom the said premises; provided that the said Lessor,
her agents, servants, assigns may enter into said demised premises and cut and
remove timber or wood when required by her or them, being careful, however,
not to injure growing or standing crops.
And also shall not nor will, at any time during the said term, assign, transfer or sublet
the said premises herby demised without the license and consent of the said Lessor
her heirs or assigns, in writing, for that purpose first had and obtained;
Provided always, that if the said yearly rent hereby reserved, or any part thereof,
shall be in arrear for twenty-one days after any one of the days appointed for
payment thereof as aforesaid, whether the same shall be lawfully demanded or not; or
if the said Lessee his executors, administrator or assigns, shall assign or sublet the
said premises without such license as aforesaid; or in case of breach of any of the
covenants herein contained, then, and in any of the said cases, it shall be lawful for the
said Lessor her heirs or assigns, into or upon the said premises, or any part thereof,
in the name of the whole to re-enter, and the same to have again, repossess and
enjoy as in his and their first and former estate, and the said Lessee his executors,
administrators and assigns, and all persons claiming under him or them thereout to
expel, put out and remove, anything hereinbefore contained to the contrary
notwithstanding.
"
"And the said Lessor doth hereby for herself, her heirs and assigns, Covenant promise
and agree to and with the said Lessee his executors, administrators and assigns,
that he and they paying the said rent, and performing the covenants herein contained
on his and their parts., shall and may peaceably and quietly hold and enjoy the said
premises during the said term, without any molestation, hindrance or disturbance of,
from or by the said Lessor her heirs assigns, or any other person claiming under him or
them.
And also, that if the term herby granted shall be at anytime seized or taken in execution
or in attachment by any creditor of the said Lessee or if the said Lessee shall make any
assignment for the benefit of creditors or becoming bankrupt or insolvent shall take the
benfit of any Act that may be in force for bankrupt or insolvent debtors, the then current
year’s rent shall immediately become due and payable, and the said term shall
immediately become forfeited and nevertheless, be at once due and payable.
The said Lessee hereby covenants agrees with the said Lessor, that in consideration of
the premises, and of the leasing and letting by the said Lessor to the said Lessee of the
lands above named for the term hereby created (and it is upon that express
understanding that these presents are entered into) that, notwithstanding anything
contained in section twenty-seven of Chapter one hundred and forty-three of the
Revised Statutes of Ontario, 1886, or in any other section of said Act, that none of the
goods or chattels of the said Lessee at any time during the contunyance of the term
hereby created, on said demised premises, shall be exempt from levy by distress for
rent in arrear by said Lessee as provided for by said Lessee or on distress being made
by the said Lessor this Covenant and agreement may be pleaded as an estoppel
against said Lessee in any action brought to test the right to the levying upon any such
goods as are named as exempted in said section. Said Lessee, waiving as he hereby
does, all and every benefit that could or might have accrued to him under and by virtue of
the said section of said Act, but for the above Covenant.
Proviso for the re-entry by the said Lessor on non-payment of rent or non-performance
of covenants. The said Lessor covenants with the said Lessee for quiet enjoyment
In Witness wherof, the said parties hereunto set their hand and seals.
Signed, Sealed and Delivered in the presence of
JB Burk
Sarah Jane Burk
William Boyd Burk
"
"Received on the [within] for rent for 1894 135.00
Received on same 25.00
"