HomeMy WebLinkAbout880"Document, handwritten, one page, abstract of all registrations of the E 1/2 of the N 1/2
of Lot No 22 in the 4th Con of Pickering The whole Lot patented to Peter Robinson
14th Nov, 1803, signed and dataed at the Ontario Registry Office, Whitby, 23 Sept
1887 by James Draper, Deputy Registrar.
Abstract of all registrations mentioning the E ½ of the N ½ of Lot No 22 in the 4th on.
Of Pickering. The whole lot patented to Peter Robinson 14th Nov, 1803
No 13524 Q.C.dated 26th of Nov 1836 John Statts of Pickering to Thomas Nelson
Scripture of the same place The N ½ of Lot No 22 in the 4th Con. Of Pickering Reg
28th Dec 1846
“ 16137 Mortgage dated 19th Jany 1838 William Proudfoot of Toronto and wife to
Henry Mayle of Brampton Reg 11th May 1839 See No 24886
“ 20862 Does not relate to the E ½ of the N ½ of the said Lot No 22
“ 24886 Discharge of Mortgage No 16137 on the Certificate of Henry Mayle
“ 30961 38525, 38634, 46575 Do not relate to the E ½ of the N ½ of said Lot No 22
“ 46760 dated 10th Dec 1852 William Proudfoot of Toronto and wife to David
Thornton of Pickering the N.E. ½ of Lot No 22 in the 4th Con. Of Pickering containing
50 acres of Pickering more or less Reg. 15th Dec. 1852
“ 1690 20160, 29965, 30705 Do not relate to the E ½ of the said Lot No 22
“ 379 Will of Daniel Thornton Reg 8th July 1869
“ 646 Q.C. dated 30th Dec 1869 Amos Thornton of Pickering and Anna Thornton his
wife to William Edward Thornton and Thomas Thornton of same place the N.E. ½ of
the lot No 22 in the 4th Con. Of Pickering Reg 29th April 1870
“ 1182 1183, 1187, 1188, 2559 Do not relate to the E ½ of N ½ of said Lot No 22
“ 2660 Q.C.dated 30th Nov 1876 William Edward Thornton of Markham and wife of
Thomas Thornton of Pickering the NE 1/4 of Lot 22 in the 4th Con. of Pickering,
Reg@11th Jul 1876
2813. 2849. 40.73 Do not relate to the N 1/2 of the Same Lot N22
4335 Bond dated 30th Nov 1874 Thomas Thornton of Pickering to Almira Thornton of
Markham wife of William Edward Thornton to immediately after the decease of
Elizabeth Thornton, widow of Daniel Thornton pay to the said Almira Thornton the
sum of $1000.00 being in lieu of Dower in and of part of Lot 22 in the 4th Con. of
Pickering Reg 11th June 1881
“ 4336 dated 20th Sept 1880 Elizabeth Thornton Widow of Daniel Thornton James
Thornton and wife Thomas Thornton and wife and Eleanor Jane Thornton Lucy Ann
Williamson born Thornton and Thomas Williamson her husband to
James D. Harrington of Markham the E ½ of the N ½ of Lot No 22 in the 4th Con.
Of Pickering Reg.15th June 1881
“ 4337 4347, 4348 See Same Nos in abstract if S. ½ of N ½ of Lot 21 in 4th Con.
“ 4406 B&S dated 1st April 1881 James Thornton William Edward Thornton and
Thomas Thornton Exectors under Will of Daniel Thornton and Elizabeth Thornton
widow to James D. Herrington The N.E. ½ of Lot No 22 in the 4th Con. Of Pickering
Reg. 13th Octr 1881
“ 4329 Does not relate to the E ½ of the N ½ of the said Lot 22
Ontario Registry Office Whitby 23rd Septr 1887
James Draper Depty Registrar
"
"Assignment
Asa Miller
To
Alexander Robertson
of
Lands in Pickering
James Logie
Brougham
"
"I certify that the within Instrument is duly entered and Registered in the Registry
Office for the County of Ontario in Book 164 for the Township of Pickering 2 o’clo 30
minutes P.M. of the 27th day of February A.D. 1875 Number 2068
"
"County of Ontario
To Wit.
I John Bathurst Burk of the Township of Pickering in the County of Ontario Post Master
make oath and say
1 That I was personally present and did see the within Instrument and duplicate thereof
signed sealed and delivered by Asa Witter and Hannah Witter two of the parties thereto
2 That the said Instrument and duplicate were executed at the said Township of
Pickering
3 What I know the said parties
4 That I am a subscribing witness to the said Instrument and Duplicate
Sworn before me at the Town Pickering in the County Ontario this 27 day of February
1875
JB Burk
"
"Know all Men by these Presents that Mr Asa Witter of the Township of Pickering in the
County of Ontario Province of Ontario and Dominion of Canada, Legatee under the last
Will and Testament of William Witter of Pickering deceased, dated third August A.D.
one thousand eight hundred and seventy and Registered seventh June A.D. one
thousand eight hundred and seventy three Numbered 1496, and Hannah Witter,
wife of the said Asa Witter for and in consideration of the sum of two hundred Dollars
of lawful money of Canada paid into the hands of one the said Asa Witter by Alexander
Robertson of the Village of Brougham in Tonwship of Pickering in County and Province
aforesaid, at or before the dealing and Delivery of these Presents have bargained sold
assigned transferred and set-over and by these presents to bargain-sell assign transfer
and set-over to the said Alexander Robertson his heirs and assigns, all the estate ,right,
title, interest, claim and demand whatsoever both at law and in equity to which I the said
Asa Witter am entitled under the said last will and testament of William Witter deceased;
and also to which I the said Hannah Witter may be entitled as wife of the said
Asa Whitter both at law and in equity of in and to that certain parcel or tract of Land and
premises situate lying and being in the Township of Pickering in the County and Province
aforesaid, containing of a measurement fifty acres be the same more or less being
composed of the south half of the north half of Lot Number Twenty-one in the Fourth
Concession of the said Township of Pickering in County and Province aforesaid.
To have and to hold the same with all and every the benefit ___ may of can be derived
from the said fifty acres of land unto the said Alexander Robertson his heirs and assigns
for ever.
In Witness whereof we have hereunto set our hands and seals this twenty second day of
February in the year of our Lord one thousand and eight hundred and seventy five.
Signed sealed and Delivered in presence of
John Bathurst Burk
Post Master
Brougham
Asa Witter
Hannah Witter
"
"Brougham-22nd February 1878
Received of Alexander Robertson the sum of two hundred Dollar bring the full
consideration within named
John Bathurst Burk
Witness
Asa Witter
"
"I certify that the within Instrument is duly entered and Registered in the Registry
Office for the County of Ontario in Book 175 for the Township of Pickering 10 o’clo ~
minutes A.M. of the 29th day of April A.D. 1875 Number 2136
James Draper
Depty Registrar
"
lilt �
i' it�;' y.r (rte ,,r/.,
It�4I ofIf
r is
"Recived on the day of the date of the within written indenture from Alexander
Robertson of Pickering the sum of Two hundred Dollar being the full consideration
herein named-
CC Backus Sarah Wenger
County of _____
___ ____
I
Of the Township of
In the County of
Make oath and say
1st That I was personally present and did see the within Instrument and Duplicate
thereof signed sealed and delivered by Sarah Winger and
2nd That the said Instrument and duplicate were executed at the
3rd What I do know the said parties
4th That I am a subscribing witness to the said Instrument and Duplicate
_________
In the County of
This day of
A Commissioner
"
"Date Dec. 12th 1878
Sarah Jane Burk et al
To
Peter McKenzie
Mortgage to secure $450 + interest
______________
Jackes & Gallraith
"
"County of Ontario
To wit
James Hogle of the village of Brougham yeoman make oath and lay
1.That I was personally present and did see the within Instrument and duplicate duly
signed sealed and executed by Sarah Jane Burk and John Bathurst Burke the parties
hereto
2. That the said Instrument and duplicate were executed at the Village of Brougham
3.That I know the said parties
4. That I am a subscribing Witness to the said Instrument and duplicate
James Hogle
Sworn before me at the village of Brougham in the County of Ontario this Thirteenth day
of December in the year of our Lord 1878
Chas. S. M Main
A Commissioner for taking affidavits in B R &c.
W Warwick, litho, Toronto
"
"W. Warwick, litho, Toronto
This Indententure
Made the Twelfth day of December one thousand eight hundred and seventy eight In
pursuance of the Act respecting Short forms of Mortgages
Between Sarah Jane Burk of the township of Pickering in the County of Ontario wife of
John Bathurst Burk of the same place Merchant and the said John Bathurst Burk
hereinafter called the Mortgagors of the first part, and Peter Mckenzie of the
Township of Scarboro in the County of York Yeoman, hereinafter called the
Mortgages of the second part
Witnesseth that in consideration of Four hundred and fifty dollars – of lawful money of
Canada now paid by the said Mortgagee to the said Mortgagors the receipt whereof is
hereby acknowledged. The said Mortgagors Do grant and Mortgage unto the said
Mortgagee his heirs and assigns for ever All and Singular that certain parcel or tract of
land and premises situate lying and being in the Township of Pickering in the County and
Province of Ontario and being composed of the South Half of the North Half of the Lot
number Twenty-One in the Fourth Concession of the said Township of Pickering
containing Fifty Acres more or less.
"
"Provided this Mortgage to be Void on payment of Four hundred and Fifty dollars
lawful money of Canada with interest at Eight percent per annum as follows
The said principal sum and interest thereon at the rate aforesaid to become due and
payable at the expiration of one year from the date hereof.
And Taxes and performance of Statute labour
The said Mortgagors Covenant with the said Mortgagee that the Mortgagors will pay
the Mortgage money and Interest and observe the above proviso That the Mortgagors
have
"
"A good title in fee simple to the said lands And that they have right to Convey the
said lands to the said Mortgagee And that on default the Mortgagee shall have quiet
possession of the said lands free from all incumbrances And that the said Mortgagors
will execute such further alowances of the said lands as may be requisite
And that the said Mortgagors have done no act for incumber the said lands
And that the said Mortgagors will Insure the Buildings on the said lands to the amount
of not less than _________________ Currency
And the said Mortgagors do Release to the said Mortgagee all their claims upon the
said lands Subject to the said proviso
Provided that the said Mortgagee in default of payment for two months may on giving
one months notice upon and lease or Sell the said lands Provided that the Mortgagee
may distain for Arrears of Intererst provided that in default of the payment of the Interest
hereby secured the principal hereby secured shall become payable
Provided that until default of payment the Mortgagors shall have quiet Possession of
the said lands
In Witness whereof the said parties hereto have hereunto set their hands and seals
Signed, sealed and delivered in the presence of
James Hogle
Sarah Jane Burk
J B Burk
Deeds Received on the day of the date of this Indenture from Peter McKenzie the
amount of four hundred and fifty dollars
Sarah Jane Burk
"
"I certify that the within Instrument is duly entered and Registered in the Registry Office
for the County of Ontario in Book 209 for the Township of Pickering 10=o’clo = minutes
Am of the 18’ day of December A.D, 1878. Number 3419
_________ Perry
"
"AC 93-872
6, 3, 6, 86
--THE--
Maple Leaf
FARMERS' MUTUAL
Fire Insurance Company.
POLICY NO. 5186
You are requested to read the Policy, to see that it is filled up according to your
intentions, if not, write to the Secretary to his P. O. address
Should any claim arise under this Policy, immediate notice thereof should be sent to
the Secretary.
NAME.
Mrs. Sarah J. Burk
Brougham, P.O.
Amount $ 2000 00/100
Premium Note $ 65 00/100
Expires on Mar. 16th, 1906
E. MUNDY, PRINTER, OSHAWA.
"
"ABSOLUTE ASSIGNMENT OF POLICY.
FOR VALUE RECEIVED hereby assign, transfer, and set over unto
Executors, Administrators, and Assigns, the foregoing Policy and all
right, title and
interest therein and thereto, and all benefits and advantages derivable therefrom.
As Witness hand and seal the day of AD. 190
Signed, Sealed and Delivered
In presence of [L. S.]
In consideration of 50c. Transfer Fee received, the consent of the Company is hereby
given to the Assignment of this Policy to
subject to all the conditions of and affecting the same.
..................................................................Secretary.
ASSIGNMENT AS SECURITY.
FOR VALUE RECEIVED hereby assign, transfer and set over unto
Executors, Administrators, and Assigns, the foregoing Policy and all
right, title and
interest therein and thereto, and all benefits and advantages derivable therefrom.
This assignment, however, is made for securing payment of a mortgage dated the day of A.D. 190
for the sum of $ and interest, made by as
Mortgagor to the said
Assignee as Mortgagee, upon satisfaction whereof this assignment to be void, and
upon notice to the within named Company
to be reinstated in all rights under the said Policy.
As Witness hand and seal the day of A.D. 190
Signed, Sealed and Delivered
in the presence of
In consideration of 50c. Transfer Fee received, the consent of the Company is hereby
given to the Assignment of this Policy to all the terms and conditions of and affecting the
same.
.............................................................................................................Secretary.
"
"BY-LAWS NOS. 1, 2, 3 AND 5 OF THE MAPLE LEAF FARMERS' MUTUAL FIRE
INSURANCE CC.
BY-LAW NO. 1.
1st.—This Company shall be called ""The Maple Leaf Farmers' Mutual Fire Insurance
Company,"" incorporated according to the provisions of ""The Ontario Insurance Act,
"" Cap. 167, R.S.O., 1887, and will insure according to the conditions hereinafter
specified, isolated Dwelling Houses and other Buildings, Household Furniture,
Farm Produce, Horses, Cattle and other property, against loss by Fire and Lightning.
2nd.—All applications for Insurance must be made out according to the forms
prepared by the Company, and signed by the applicant, and such applicant must be
responsible for the correctness and truth of the description.
3rd.—Every person wishing to become a member of the Company shall, previous to
being insured, deposit with the Secretary or Agent his or her application and
description of the property to be insured, also a Premium Note, payable to the
Company, dated on the day of making out the application, or on some future day,
to be approved of by the Agent; and if the application is approved of, the Policy
shall take effect from noon of the day of the date of the Premium Note.
4th.—If Insurance be wanted on more than one building in the same Policy,
the amount on each building must be named separately ; also the amount on
furniture and goods. Musical instruments insured at 50 per cent, of their actual
cash value. Sawing Machines, Binders, Reapers and Mowers are to be insured in
this Company only when they are inside of a building which is insured in this Company,
and only at 50 per cent, of their actual value ; and this Company shall not be liable for
any loss arising from the burning of such machines when they are not inside of any
building insured in this Company. Contents of buildings which have been removed
from one building to another, and which may happen to be destroyed,
shall be paid for by this Company.
5th.—In all cases when a Policy is to be assigned, the Assignee may give a
new Premium Note or security for the payment of the first Note. The assignment
must be made out on the back of the Policy and sent to the Secretary for approval;
but until the same shall be approved of, the Company will not be bound in any way
by the Policy ; and it shall be optional with the Company to ratify or confirm the
assignment. The transfer must be complete within thirty days after the alienation of
the property. A fee of fifty cents must accompany the Policy when sent to the
Secretary to be assigned.
6th.—Dwelling Houses, to be insured in this Company, must be provided with
chimneys of brick, or stone, well and sufficiently built ; and where stoves are used,
all floors, or partitions through which the stove pipes pass, shall be properly protected
with stone or tin stove pipe safe. No fire is to be used in any shed or outbuilding,
unless the said shed or outbuilding has a chimney of brick or stone; or if a stove is
used, that the pipe shall pass through the roof, partition or other place, protected as
aforesaid with stone, grout or tin stove pipe safe, or to the satisfaction to this
Company's agent. All stoves to have the floor, wall or partition immediately under or
beside them, properly protected with tin or zinc coverings or linings, or otherwise
secured to the satisfaction of this Company's agent. No fire to be kindled or used
nearer than sixty feet to any barn. No smoking is to be knowingly permitted by the
owner or occupant in the barn or outbuildings insured herein, or candles or other
lights to be used therein unless guarded by a proper lantern. If any of the foregoing
provisions of this section are not complied with or adhered to, the Policy subscribed
by this Company shall be void and of no effect. The ashes must be kept in either a
brick or stone ash-house, or deposited thirty feet from the risk, or from any other
inflammable substance connected with the risk.
7th.—In no case shall any barn, stable or other similar building be insured by this
Company if any furnace or other fire place is used within sixty feet of any such
building ; and the erection of any such furnace or fire place within the said distance of
sixty feet of any such building shall vitiate and render void any Policy of Insurance
previously issued on such building.
8th.—This Company shall not be liable for damage done by fire occasioned by the
burning of the forest, or by any clearing of lands, if the same could be prevented by
due diligence on the part of the party insured.
BY-LAW NO. 2.
1st.—That this Company shall effect Insurance for the term of three years or for a
shorter period, as may be agreed upon, but not for less than one year.
2nd.—In no case shall more than two-thirds of the value of any description of
property be insured by this Company. The property to be valued by the Company's
authorized agent.
3rd.—On all isolated buildings, that is to say, buildings 100 feet distant from all
others (not part of the premises) a Premium Note will be taken according to the
following scale, on each class respectively :—
First Class.—Dwelling Houses of brick or stone, with roofs covered with slate,
or shingles, tile or metal, with their contents, 3 per cent, on the sum insured.
Second Class.—Dwelling Houses of wood, barns and stables and other
outbuildings of a like nature, with their contents, 3 1/4 per cent, on the sum insured.
THIRD CLASS.—Churches, school houses, public library buildings of stone or brick,
with their contents, 3 1/2 per cent, on the sum insured. The same class, of wood, 3 3/4
per cent, on the sum insured.
4th.—Dwelling Houses situated less than 100 feet from outbuildings where straw is
usually kept, shall be taken at 3 1/4 per cent., and such outbuildings shall be taken at
3 1/2 per cent., and no risk shall be taken where the dwelling house and outbuildings
are less than 50 feet apart.
5th.—A Cash Payment on each Premium Note according to the following scale,
must be paid to the Company when the Note is signed :—
On property Insured for 1 year........ per cent. on Premium Note.
"" "" 2 years....... "" "" ""
"" "" 3 “ ...... "" "" ""
6th.—Should there be a number of detached buildings, say four or five houses,
at from 60 to 100 feet apart, they must, including their contents, be considered as
forming a part of one risk, and the application taken accordingly.
7th.—Unoccupied dwelling houses and outbuildings connected therewith,
are not insured by this Company, nor shall it be answerable for any loss by fire
which may happen to, in or from any dwelling house while left without an occupant or
person actually residing therein for more than 30 days. The temporary absence of a
member or his family, however, none of the household effects being removed,
is not construed into non-occupancy. No buildings to be insured which are not
productive to their owners ; also, buildings out of repair are to be avoided.
Buildings or other property which are endangered by proximity to pine woods or
cedar swamps, are not to be taken.
BY-LAW NO. 3.
TO REGULATE THE WORKING OF STEAM THRESHING MACHINES UNDER
POLICIES OF THE MAPLE LEAF FARMERS' MUTUAL FIRE INSURANCE CO.
All Policies issued, or to be issued by the Maple Leaf Farmers' Mutual Fire Insurance
Company, shall be and remain valid while steam machines are operating on the
property covered by such Policies under the following conditions :—
1. The proprietor of the buildings or grain will be required to see that the engineer
of the steam thresher employed by him is experienced and competent.
2. Every steam engine, or steam threshing machine, working or threshing on any
property insured by this Company, shall, at all times, have a spark extinguisher in full
operation, whether the wind be blowing on the buildings or stacks, or in any other
direction.
3. It shall be the duty of the proprietor of the buildings or grain where the steam
engine is operating, to remain, or cause to remain around the building or stacks a
trustworthy or responsible person or persons during the time the workman or engineer
be at meals, or during any intermission from work from any other cause.
4. The said proprietor must also see that there are at least 40 gallons of water kept
in readiness between the engine and the building or stacks during the whole time the
machine is operating. Two pails and a pair of blankets are also to be kept beside
the water, and none of those articles are to be used for any other purpose, except in
the case of fire.
5. It shall further be his duty to inspect his property before retiring each night,
while such machine is at work on his premises, and shall carefully notice and
extinguish any fire which may be smouldering about the premises, and which would in
any way endanger the property. He shall also see that any coals about or in the ash
pit are quenched ; that the dampers are closed down tight, and that the spark
extinguisher is also closed.
6. A ladder reaching at least one foot over the eaves of the barn shall be placed
on the side next the engine, during the time it is operating, so that access can be
had thereto.
BY-LAW NO. 5.
LIVE STOCK KILLED BY LIGHTNING IN ENCLOSED PREMISES.
This Company will insure the following kinds of Live Stock against accident by
lightning in enclosed premises as follows, providing the ordinary contents include
the following Live Stock : The maximum for Horses shall be $60 each ; Cattle $80 ;
other animals $6, but in no case shall more than two-thirds of the actual cash value of
any animal at the time of accident be paid (except specified in Policy.) The claimant
shall, within 24 hours after the time of loss, have the case investigated by two
disinterested neighboring freeholders, who shall record their finding on the Claim
Paper and attest the same before a neighboring magistrate, giving the date of
inspection, and the condition of the animal, and whether it was in apparent good
health previously ; and that there was a thunderstorm at the said time.
VARIATIONS IN CONDITIONS.
This Policy is issued on the above Statutory Conditions, with the following variations
and additions: "" These variations, (or as the case may be,) are, by virtue of the
Ontario Statute in that behalf, in force so far as, by the Court or Judge before whom a
question is tried relating thereto, they shall be held to be just and reasonable to be
exacted by the Company."" R. 8. O., 1897, chap. 203, sec. 169.
Statutory Condition No. 3 is varied by adding after the word "" assured,"" in the first
line of said Condition, the words ""or if any dwelling is vacant for 30 days or any
abandonment of property hereby insured without the written consent of the Secretary
of the Company"" ; and by striking out the words ""Company or its local agent,""
in the second line of the said Condition, and substituting the words "" Secretary of
the Company.""
Statutory Condition No. 4 is varied by striking out the words '. an Agent"" and
substituting the words "" the Secretary.""
Condition No. 5 is varied by striking out the word "" Agent"" and substituting there for
the word ""Secretary.""
Statutory Condition No. 10 is added to as follows : For loss by lighting any candle or
lamp by friction matches, or the carrying of any lighted match, candle, lamp or taper
not properly protected by a lantern, or the burning of rubbish of any kind within 100 feet
of any risk with the knowledge or permission of the insured, in or near any barn, stable
or other place in which hay, straw or other inflammable materials are used or stowed,
or tobacco smoking in such places.
Clause E is varied as follows : By stricking out the words "" a duly authorized Agent""
and substituting therefor ""the Secretary.""
And in no case shall the Company, in case of loss, be required to pay
""more than two"" thirds of the value of any building.
Statutory Condition No. 20 is varied as follows: By stricking out the words
""an Agent"" and substituting therefor the words "" the Secretary.""
Statutory Condition No. 21 is varied as follows : By stricking out all the words after
prima facie and substituting the following : "" to be agent of the applicant or assured
and not the agent of the Company for the purpose.""
Statutory Condition No. 23 is varied as follows : By stricking out all the words after the
words ""addressed to the Company"" in the third line thereof.
The following is also a variation or condition to the Statutory Conditions.
This Policy is issued by the Insurer and accepted by the assured on the express
condition that if any of the assessments on the Premium Note or undertaking upon a
Policy is not paid within 30 days after notice mailed as in section 130 enacted,
the contract of insurance for which the assessment has been made shall be null and
void as respects all claim for losses occurring during the time of non-payment ;
but the contract shall be revived when the assessment has been paid, unless the
Secretary gives notice to the contrary to the assessed party in the manner in this
Act provided, but nothing herein contained shall relieve the assured from his liability
to pay the assessment or any subsequent assessments, nor shall the assured be
entitled to recover the amount of loss or damage which happens to property insured
under the contract while the assessment remains due and unpaid, unless the Board of
Directors in their discretion decide otherwise.
"
"ORDINARY CONTENTS
The term Ordinary Contents, applied to a Dwelling House, will cover Household
Furniture, Bedding, Sewing Machine, Wearing Apparel, China, Crockery, Glassware,
Provisions, Root Crop, Twenty Barrels of Apples, Wool, Dairy Products, the Tools in
common use on a farm, Robes and Saddlery, and nothing else, unless specially
mentioned. As applied to Outbuildings, it will cover Farm Produce generally,
Live Stock, Farming Implements, including Saddlery. (Not more than $60 allowed
for any Horse, $30 for Horned or Neat Cattle, or $6 for any other animal,) only one
Binder and Mower—and that the best on the place, (not Threshing Machines,)
Vehicles and nothing else, unless specially mentioned. Such property must be the
bona fide property of the Applicant.
SURRENDER.
To the Directors of the Maple Leaf Farmers’ Mutual Fire Insurance Company.
GENTLEMEN,--I hereby surrender all my right, title and interst in and to this Policy,
and request it may be cancelled.
Given under………hand this………….day of……………..A. D. 190
L283
"
"The Maple Leaf Farmer’s Mutual Fire Insurance Company
Policy No. 24037
You are requested to read this policy and if not filled up according to your intentions
or should any claim arise under this policy, in either case notify the Secretary.
NAME
Mrs. Emma Burk
Locust Hill P.O.
Expires on March 16, 1921
Amount $2000.00
Premium Note, $56.00
Reformer Print, Oshawa
"
"SURRENDER
To the Directors of the Maple Leaf Farmers’ Mutual Fire Insurance Company:
Gentleman-I hereby surrender all my right, title and interest in and to this Policy,
as mortgagee.
Given under my hand this 12t day of December, A.D. 1919
Witness
Arthur E Christian
Mary Gold
"
"(crossed out)
ABSOLUTE ASSIGNMENT OF POLICY
For value received I hereby assign, transfer, and set over unto Elizabeth Gibbons,
William Gibbons and Adam Spears,Exs of Thomas Gibbons Executors, Administrators
and Assigns, the foregoing Policy and all my right, title and interest therein and thereto,
and all benefits and advantages derivable therefrom.
As Witness my Hand and Seal the 1st Day of December A.D. 1919
In the presence of ___ ____ Emma Burk (L.S.)
In consideration of 50 cts. Transfer Fee received, the consent of the Company is
hereby given to the Assignment of this policy to subject to all the conditions
affecting the same.
ASSIGNMENT AS SECURITY
For value received I hereby assign, transfer and set over unto Elizabeth Gibbons,
William Gibbons and Adam Spears, Exs of Thomas Gibbons Executors, Administrators
and Assigns, the foregoing Policy and all my right, title and interest therein and thereto,
and all benefits and advantages derivable therefrom. This assignment, however,
is made for securing payment of a mortgage dated the 27th day of November
A.D. 1919 for the sum of $1700 and interest, made by Milton B. Burk and other as
Mortgagers to the said Assignees as my rights under the said Policy.
As Witness my Hand and Seal the 1st Day of December A.D. 1919
In the presence of ___ _____ MBB Burk
In consideration of 50 cts. Transfer Fee received, the consent of the Company is
hereby given to the Assignment of this policy to __ Thos Gibbons __ subject to all the
terms and conditions of and affecting the same.
Wm Purvis.... Secretary
"
"STATUTORY CONDITIONS
DIVISION I.
1. If any person insures property, and causes the same to be described otherwise
than as it really is to the prejudice of the company, or misrepresents or omits to
communicate any circumstance which is material to be made known to the
company, in order to enable it to Judge of the risk it undertakes, such insurance
shall be of no force in respect to the property in regard to which the misrepresentation
or omission is made.
2. Any change material to the risk, and within the control or knowledge of the
assured, shall avoid the policy as to the part affected thereby, unless the change is
promptly notified in writing to the company or its local agent; and the company when
so notified may return the unearned, portion, if any, of the premium which has been
paid for the unexpired period and cancel the policy, or may demand in writ-ing an
additional premium, which the assured shall, if he desires the continuance of the
policy, forthwith pay to the company; and if he neglects to make such payment
forthwith after receiving such demand, the policy shall be no longer in force.
3. If the property insured is assigned without a written permission indorsed
hereon by an agent of the company duly authorized for such purpose,
the policy shall thereby become void; but this condition does not apply to change of
title by succession or by the operation of the law, or by reason of death.
4. Money, books of account, securities for money, and evidences of debt or title,
are not Insured.
5 If the assured now has any other insurance on any property covered by this policy
which is not disclosed to the company or hereafter effects any other insurance thereon
without the written assent of the company, he shall not be entitled to recover in excess
of sixty per cent, of the loss or damage In respect or such property; but if for any
fraudulent purpose the assured does not disclose such other insurance to the
company this policy shall be void.
(a) If within two weeks after written notice of such other insurance or of any intended
insurance, or after that time and before such other insurance is effected, the company
does not dissent by notice in writing to the assured, it shall be deemed to have
assented thereto.
6. The company is not liable for the losses following, that is to say:
(a) For the loss of property owned by any other person than the assured,
unless the interest of the assured is stated in or upon the policy;
(b) For loss caused by invasion, insurrection, riot, civil commotion, military or usurped
power :
(c) Where the insurance is upon buildings or their contents— for loss caused by the
want of good and substantial brick or stone or cement chimneys; or by ashes or
embers being deposited, with the knowledge and consent of the assured,
in wooden vessels; or by stoves or stovepipes being, to the knowledge of the assured,
In an unsafe condition or Improperly secured;
(d) For loss or damage to goods destroyed or damaged while undergoing any
process in or by which the application of fire heat Is necessary;
(e) For loss or damage occuring to buildings or to their contents while the buildings
are being altered or repaired by carpenters, joiners, plasterers or other workmen,
and m consequence thereof, unless permission to execute such repairs has been
previously granted in writing, signed by a duly authorized agent of the company,
but fifteen days 'are allowed in each year for incidental alterations or repairs,
without such permission;
(f) For loss or damage occuring while petroleum, or rock earth or. coal-oil,
camphene, gasoline, burning fluid, benzine, naphtha or any liquid products thereof,
or any of their constituent parts (refined coal oil for lighting purposes only,
not exceeding five gallons in quantity, or lubricating oil not being crude petroleum
nor oil of less specific gravity than required by law for Illuminating purposes,
not exceeding five gallons in quantity, excepted), or more than twenty-five pounds
weight of gun-powder is or are stored or kept by the assured or to his knowledge by
any other person under his control, in the building insured or containing the property I
insured, unless permission is given in writing by the company.
7. Any written notice to the company may be delivered at the head office or
chief-agency of the company in Ontario, or sent by registered post addressed to the
company, its manager or agent, at such head office or chief agency or may be
delivered or sent by registered post to an authorized agent of the company.
DIVISION II.
8. After application for insurance it shall be deemed that any policy sent to the
assured Is intended to be in accordance with the terms of the application,
unless the company points out in writing, the particulars wherein the policy differs
from the application.
9. In the event of there being any other insurance on property herein described
at the time of the happening of any loss or damage in respect thereof, then this
company shall be liable only for the payment of a rateable proportion of such loss or
damage or of such amount as the assured shall be entitled to recover as provided by
Condition No. 5.
10. The company will make good loss or damage caused by the explosion of coal or
natural gas in a building not forming part of gas works, and loss or damage by fire
caused by any other explosion or loss or damage caused by lightning, whether fire
ensues therefrom or not, but if dynamos, exciters, lamps, switches, motors, or other
electrical appliances or devices are insured any loss or damage to them caused by
lightning on other electrical currents, artificial or natural, is expressly excluded, and
the company is liable only for such loss or damage to them as may occur from
resultant fire, originating outside the machines themselves.
11 The insurance may be terminated by the company by giving seven days' notice
to that effect, and, if on the cash plan, by tendering therewith a rateable proportion
of the premium paid, for the unexpired term, calculated from the termination of the
notice, and the policy shall cease after such notice or notice and tender as the case
may be, and the expiration of the seven days.
12. The insurance, if, on the cash plan, may also be terminated by the assured by
giving written notice to that effect to the company or its authorized agent,
in which case the company may retain the customary short rate for the time
the insurance has been In force, and shall repay to the assured the balance of the
premium paid.
13. No condition of the policy, either in whole or in part, shall be deemed to
have been waived by the company, unless the waiver is clearly expressed in writing,
signed by an agent, of the company.
14. Any officer or agent of the company, who assumes on behalf of the company to
enter into any written agreement relating to any matter connected with the insurance,
shall be deemed prima facie to be the agent of the company for the purpose.
15. Any written notice to the assured may be by letter delivered to the assured or
by registered letter addressed to him at his last post office address notified to the
company or where no address is notified and the address is not known,
addressed to him at the post office of the agency, if any, from which the application
was received.
DIVISION III.
16. Where property insured is only partially damaged, no abandonment of
the same will be allowed unless by the consent of the company or its agent; and in
case of removal of property to prevent damage thereto, the company will contribute
to the loss and expenses attending such act of salvage proportionately to the
respective interest of the company or companies and the assured; and that part of
this policy in excess of its proportion of any loss and of the value of the property
remaining in the original location, shall for the ensuing seven days only or for the
unexpired term of the policy If less
than seven days, cover the property so removed in the new location or locations
in the proportion that the value in any one such new location bears to the value in all
such new locations.
17. Subject to condition 19 proof of loss must be made by the assured, although the
loss Is payable to a third person.
18. Any person entitled to make a claim under this policy shall
(a) Forthwith after loss give notice in writing to the company;
(b) Deliver as soon after as practicable, as particular an account of the loss as the
nature of the case permits;
(c) Furnish therewith a statutory declaration declaring, That the account is just and
true;
When and how the loss occurred, and if caused by fire how the fire originated, so far
as the declarant knows or believes;
That the loss did not occur, or if caused by fire, that the fire was not caused through
any wilful act or neglect, or the procurement, means or contrivance of the assured;
The amount of other insurances;
All Hens, and incumbrances on the subject of insurance; The place where the property
insured, if movable, was deposited at the time of the fire;
(d) If required and if practicable, produce books of account, warehouse receipts
and stock lists, and furnish Invoices and other vouchers, verified by a statutory
declaration in support of his claim, and furnish copies of the written portion of all
policies, separate as far as reasonably may be the damaged from the
undamaged property and exhibit for examination all that remains of the property
which was covered by the policy The evidence furnished under this clause shall not
be considered proofs of loss within the meaning of condition 22.
19. The above proofs of loss may be made by the agent of the assured, in case
of the absence or inability of the assured himself to make the same, such absence
or inability being satisfactorily accounted for, or in the like case or if the assured
refuses to do so, by a person to whom any part of the insurance money is payable.
20. Any fraud or false statement in any statutory declaration, in relation to any of the
above particulars, shall vitiate the claim of the person making the declaration.
21. If any difference arises as to the value of the property insured, the property
saved, or the amount of the loss, such value and amount and the proportion thereof
(if any) to be paid by the company shall, whether the right to recover on the policy is
disputed or not, and independently of all other questions, be submitted to the
arbitration of some person to be chosen by both parties, or if they cannot agree
on one person, then to two persons, one to be chosen by the party assured
and the other by the company, and a third to be appointed by the persons so chosen,
or on their falling to agree, then by a Judge of the County or District Court of the County
or District in which the loss has happened; and such reference shall be subject to
the provisions of THE ARBITRATION ACT; and the award shall, If the company is in
other respects liable, be conclusive as to the amount of the loss and the proportion to
be paid by the company; where the full amount of the claim is awarded the costs shall
follow the event: and in other cases all questions of costs shall be in the discretion of
the arbitrators.
22. The loss shall be payable in sixty days after the completion of the proofs of
loss, unless a shorter period is provided for by the contract of insurance.
23. The company, instead of making payment, may repair, rebuild or replace,
within a reasonable time, the property damaged or lost, giving notice of their
intention within fifteen days after receipt of the proofs herein required.
24. Every action or proceeding against the company for the recovery of any claim
under or by virtue of this policy, shall be absolutely barred, unless commenced
within one year next after the loss or damage occurs.
VARIATIONS IN CONDITIONS
""This policy is issued on the above Statutory Conditions with the following variations,
omissions and additions, which, are, by virtue of The Ontario Insurance Act, in force
so only as they shall be held to be just and reasonable to
""be exacted by the company.""
Statutory condition No. 2 is varied ""by striking out the words ""or its local agent.""
Statutory condition No. 3 is varied by striking out the words ""an agent,""
and substituting the words ""the Secretary.""
Statutory condition No. 6 clause E is varied by striking out the words ""a duly
authorized Agent"" and substituting therefor the words ""the Secretary.""
Statutory condition No. 7 is varied by striking out the words ""an authorized Agent""
and substituting therefor the words ""the Secretary.""
Statutory condition No. 13 is varied by striking out the words ""an Agent"" and
substituting the words ""the Secretary.""
"
"No. 24037
AMOUNT INSURED
$2000.00
THE MAPLE LEAD FARMERS’ MUTUAL
Established in 1895
Fire Insurance Company
By this Policy of Insurance, in consideration of Premium Note for the sum of $56.00
and a cash payment of $14.00 received by the Maple Lead Farmers’ Mutual Fire
Insurance Company, from Mrs. Emma Burk of the Township of Pickering, in the County
of Ontario, Province of Ontario (hereinafter called the assured) and in consideration
of the statement of the assured contained in the application hereinafter mentioned,
the whole of which statement the assured warrants to be true, which application shall
form part of this Policy, and be subject to the laws of the said Province, and the
By-laws of this Company , insure the said Assured her heirs, executors,
administrators and assigns against loss of damage by fire or lightning,
for a term of three years, ending at noon on the Sixteenth day of March,
one thousand nine hundred and twenty-one, to property hereinafter mentioned
(the Company’s liability for animals killed by lightning to be limited to animals
killed on the property described herein and to the amount mentioned in By-law No. 5),
and on the property following, namely
On Dwelling House 22 x 30 and attachments 18 x 24, 18 x 24 12 x 20 Eight hundred
Dollars 800.00
On ordinary contents of Dwelling House while contained therein ----Dollars----
On Piano $ Organ $ , Books Pictures and Paintings $ ---------- Dollars----
On Barn No. one 38x80 $--- , Barn No. two 30 x 50, $One thousand Dollars 1000.00
On Barn No. three 15 x 18
On Stable No. one x $ , Stable No. two x , $ ----------------Dollars----
On Pig Pen 20 x 30 $100 Driving House 20 x 30 $100 Two Hundred Dollars 200.00
On ordinary contents inside-----------Dollars 2000.00
On ordinary contents inside-----------Dollars---
On ordinary contents inside-----------Dollars---
On ordinary contents inside-----------Dollars---
On ordinary contents inside-----------Dollars---
Situated on Lot No. Twenty-one Concession Four Township of Pickering
The loss or damage to be estimated according to the true and actual cash value of the
property at the time the same shall happen. In no case shall the Company pay for
more than two-thirds of the actual cash value of the buildings and contents at the time
of loss.
Loss, if any, payable to Mrs. N.J.Gould as her interest may appear.
Provided, that if any dwelling becoming vacant for 30 days or any abandonment of the
property insured, the assured shall at once give notice in writing to the Secretary,
and shall have the consent of the Company, written on this policy, such writing to be
signed by the Secretary, otherwise, this Policy shall be void.
PROVIDED FURTHER, that any smoking or carrying of any candle, lamp or taper,
not properly protected by a lantern, or lighted match, in any stable, barn or other
building in which straw, hay, hemp, flax, or other inflammable materials are stored,
shall cause a forfeiture or all claims under this policy.
IN WITNESS WHEREOF these presents are signed by the President and
countersigned by the Secretary, under the Corporate Seal of the said Company,
this 15 day of April 1918.
N Smith
President
Wm. Purvis
Secretary, Columbus
ORDINARY CONTENTS
The term Ordinary Contents, applied to a Dwelling House, will cover Household
Furniture, Bedding, Sewing Machine, Cream Separator, Wearing Apparel, China,
Crockery, Glassware, Provisions, Root Crop, Twenty Barrels of Apples,
Wool, Dairy Products, the tools in common use on a farm, Robes and Saddlery,
and nothing else, unless especially mentioned. As applied to outbuildings,
it will cover Farm Produce generally, Live Stock, Farming Implements,
including Saddlery, Cream Separator, (not more than $125 allowed for any horse,
$60 for horned or Neat Cattle, or $10 for any other animal,) only one binder,
and that the best on the place, (not threshing machines), vehicles, hay fork and
apparatus, and nothing else, unless especially mentioned. Such property must
be the bona fide property of the Applicant.
BY-LAW NO. 3.
TO REGULATE THE WORKING OF STEAM THRESHING MACHINES UNDER
POLICIES OF THE MAPLE LEAF FARMERS-MUTUAL FIRE INSURANCE CO.
All policies issued, or to be issued, by the Maple Leaf Farmers' Mutual Fire Insurance
Company, shall be and remain valid while steam machines are operating on the
property covered by such Policies, under the following-conditions.
1,—.The proprietor of the buildings or grain will be required to see that the engineer
of the steam thresher employed by him is experienced and competent.
2.-—Every steam engine or steam threshing machine, working or threshing on any
property insured by this company, shall, at all times, have a spark extinguisher in full
operation, whether the wind be blowing on the buildings or stacks, or in any other
direction.
3.—it shall be the duty of the proprietor of the buildings or grain where the steam
engine is operating to remain, or cause to remain around the building or stacks a
trustworthy or responsible person or persons, during the time the workman or
engineer be at meals, or during any intermission from work, from any other cause.
4.—The said proprietor must also see that there are at least 40 gallons of water
kept in readiness between the engine and the building or stacks during the whole
time the machine is operating. Two pails and a pair of blankets are also to be kept
beside the water and none of these articles are to be used for any other purpose,
except in the case of fire.
"
"Dated 20th July 1905
Mary T. Gold et al
To Mary T. Gold Burk
Assignment
OF
Mortgage
DAVIS & HENDERSON, TORONTO
NOT TO BE REGISTERED IN FULL
Dow & McGillivray
Solrs for Assigners
DOW & McGILLIVRAY
Barristers, Solicitors, Etc.
WHITBY, ONT.
"
"Not Registered in Full.
I certify that the within Instrument is duly entered and Registered in the Registry
Office for the County of Ontario in Book 387 for the Township Pickering at 10 clock 21
minutes AM of the 21 day of July A.D. 1905 Number 10857
Ross Johnston
Dept Regr
Fee $1.00"
"Count of Ontario
To Wit.
I Albert M. Richardson of the Township of Whitby in the County of Ontario
Gentleman make oath and say:
1. That I was personally present and did see the within Instrument and duplicate
thereof duly signed sealed and executed by Mary Theresa Gold and Eliza Jane
Richardson, two of the parties thereto
2. That the said Insrument and duplicate were executed at the said Town of
Whitby by the said Mary Theresa Gold and at the Township of Whitby by the said Eliza
Jane Richardson
3. That I know the said parties
4. That I am a subscribing witness to the said Instrument and duplicate
Sworn before me a the Town of Whitby in the County of this 20th day of July in the
year of our Lord 1905
Jno Ball Dow
A commissioner for taking Affidavits in H.C.J. &c
A.W. Richardson
"
"This Indenture made in duplicate the first day of July in the year of our Lord one
thousand nine hundred and five
Between
Mary Theresa Gold of the Town of Whitby in the County of Ontario, married woman,
and Eliza Jane Richardson of the Township of Whitby in said County, married woman.
Executrices of the Will of Lucy Almond, late of the said Township of Whitby, widow,
deceased, hereinafter, called the assignors of the First Part.
And
The said Mary Theresa Gold
Hereinafter called the “assignee” of the second part.
Whereas by a Mortgage dated on the sixth day of February, One thousand eight
hundred and ninety five registered in the Registry Office for the County of Ontario
on the 8th February 1895 as Number 8459 Sarah Jane Burk and John Bathurst
Burk of the Township of Pickering did grant and mortgage the land and premises
therein and hereinafter described to Susanna Richardson of the Town of Whitby,
widow Fredrick J. Richardson and William W. Richardson of the said Township of
Pickering Esquires executors of the will of Joshua Richardson deceased their
successors heirs executors administrators and assigns for securing the payment of
three thousand two hundred dollars and interest as therein mentioned
And there is now owing upon the said Mortgage for principal money and interest
reckoned up to July 1st 1905 the sum of $3263.12 And whereas by Indenture dated 6th
October 1899 registered in said Registry Offices on the 9th November 1899 as number
94.89. the said Susanna Richardson Frederick J. Richardson and William V. Richardson
duly assigned the said Mortgage to the said Lucy Almond. And whereas in the division
of the estates of the said Lucy Almond, deceased and of James Almond, deceased.
The said Assignors have agreed to assign the said Mortgage to the said Assignee as
a part of her share of the said estates.
"
"Now this Indenture Witnesseth that in consideration of the premises and of the sum of
One Dollar of lawful money of Canada now paid by the said Assignee to the said
Assignors (the receipt whereof is hereby acknowledged) The said Assignors
Do hereby assign and set over unto the said assignee her executors administrators
and assigns All that the said before in part recited Mortgage and also the said sum of
Three Thousand Two Hundred and Sixty Three 12/100 dollars
now owing as aforesaid together with all moneys that may hereafter become due or
owing in respect of said Mortgage and the full benefit of all powers and of all covenants
and provisos contained in said Mortgage and also full power and authority to use the
name of names of the said Assignors their heirs executors administrators or assigns
for enforcing the performance of the covenants and other matters and things contained
in the said Mortgage and the said assignor Do hereby Grant and Convey unto the said
Assignee her heirs and assigns All and Singular these certain parcel of fract of land
and premises situate lying and being in the Township of Pickering in the County of
Ontario and Province of Ontario. Being Composed of Firstly: 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 same Concession and Township and each parcel containing by admeasurement
fifty acres of the same more or less.
"
"Received on the date of this Indenture from the said Assignee the sum of
Witness
To have and to hold the said Mortgage and all moneys arising in respect of the same
and to accrue thereon and also the said land and premises thereby granted and
mortgaged To the use of the said Assignee her heirs executors administrators and
assigns absolutely for ever, but subject to the terms contained in such Mortgage.
And the said Assignors for themselves their heirs executors administrators and
assigns do hereby covenant with the said Assignee her heirs executors administrators
and assigns that the said Mortgage hereby assigned is a good and valid security and
that the said sum of Three Thousand Two Hundred and Sixty Three 12/100 dollars is
now owing and unpaid and that they have not done or permitted any act matter or thing
whereby the said Mortgage has been released or discharged either partly or in entirety
and that they will upon request do perform and execute every act necessary to enforce
the full performance of the covenants and other maters contained therein.
In Witness whereof the said parties hereto have here unto set their hands and seals
Signed Sealed and Delivered
In the Presence of
A.W. Richardson
Mary T. Gold.
E.J. Richardson
"
"Dated Feb. 7, 1888
Sarah Jane Burk
___
To
Maria Carleton
Mortgage.
JOSEPH DOUST, LAW STATIONER, LITHOR, TORONTO
H. B. Reesor
Conveyancer &c Markham Ont.
"
"County of York
I Henry Burkholder Reesor of the Village of Markham in the County of York, Broker
To Wit:
Make oath and say:
1. That I was personally present and did see the within Instrument and duplicate
thereof duly signed sealed and executed by Sarah Jane Burk and John Bathurst Burk
the parties thereto.
2. That the said Instrument and duplicate were executed at the Township of
Pickering
3. That I know the said parties personally
4. That I am a subscribing Witness to the said Instrument and duplicate
Sworn before me at the Village of Markham in the County of York this 24—day of
February in the year of our Lord 1885.
H. R. Corson
H. B. Reesor
A Commissioner for taking Affidavits in the High Court of Justice.
"
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I certify that the within Instrument is duly entered and Registered in the Registry Office
for the County of Ontario in Book 291 for the Township Pickering at 10 oclock March
A. D. 1888. Number 6606.
"
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"82
Dated June Eleventh 1881
Sarah Jane Burk et al
TO
Edward Pugh
Mortgage
TO
Secure $1200 and interest
John Nicholls, Law Stationer, Toronto
James Percy
"
"County of Ontario
To Wit;
I, Sarah Percy _____ _______ of the Township of Pickering in the County of Ontario
make oath and say:
(1.) That I was personally present, and did see the within Instrument and Duplicate
thereof duly signed, sealed, and executed by Sarah Jane Burk and John Bathurst
Burk the parties thereto
(2.) That the said Instrument and Duplicate were executed in the Township of Pickering
(3.) That I ________ know the said parties
(4.) That I am a subscribing witness to the said Instrument and Duplicate
Sworn before me at Pickering
in the County of Ontario
this Eleventh day of June
in the year of our Lord, 1881
James Percy
A Commissioner for taking Affidavits in B R., &c.
Sarah Percy
"
"MORTGAGE
John Nicholls, Law Stationer, 62 King Street East, Toronto.
This Indenture, made (in duplicate) the Eleventh day of June in the year of our Lord
one thousand eight hundred and Eighty One In pursuance of the Act respecting
Short forms of Mortgages.
Between Sarah Jane Burk wife of John Bathurst Burk of the Township of Pickering
in the County and Province of Ontario and the said John Bathurst Burk of the First
Part Hereinafter called the Mortgagors And Edward Pugh of the Township County
and Province aforesaid of the Second Part Hereinafter called the Mortgagee
Witnesseth, that in consideration of
One Thousand and Two hundred dollars of lawful money of Canada, now paid by
the said Mortgagee to the said Mortgagors, (the receipt whereof is hereby
acknowledged) the said Mortgagors do grant and Mortgage unto the said
Mortgagee his heirs and assigns for ever, All and Singular those certain
parcels or tracts of land and premises situate, lying, and being in the
Township of Pickering in the County and Province of Ontario and being
composed of the South Half of the North Half of Lot (21) Twenty One in the (4th)
Fourth Concession of the Township of Pickering and the East Half of Lot Number (22)
Twenty Two in the said (4th) Fourth Concession containing by admeasurement one
hundred acres be the same more or less.
"
"No full text for handwritten portion)
(Halfway down page)
Provided this Mortgage to be void on payment of One Thousand Two hundred
dollars of lawful money of Canada, with interest at Seven per cent. per annum as follows:
The interest only on the paid principal sum at the rate above written every year and
yearly for nine years and the whole principal sum together with the interest for one year
ten years from the date hereof and the first of said payments of interest shall be ___
and payable one year from the date hereof
(No full text for handwritten portion)
And Taxes and performance of Statute Labour
Edward Pugh
The said Mortgagors Covenant with the said Mortgagee that the Mortgagors will pay
the mortgage money and interest, and observe the above proviso:
That the Mortgagors have a good title in fee simple to the said lands; And that they have
the right to convey the said lands to the said Mortgagee.
"
"And that on default the Mortgagee shall have quiet possession of the said lands,
free from all incumbrances; And that the said Mortgagors will execute such further
assurances of the said lands as may be requisite;
And that the said Mortgagees have done no act to incumber the said lands.
And that the said Mortgagor will insure the building on the said lands to the amount
of not less than ____________________________________________ currency;
And the said Mortgagors do release to the said Mortgagee all their claims upon the
said lands, subject to the said proviso.
Provided that the said Mortgagee on default of payment for
__________________________ may
_________________________________________
notice, enter on and lease or sell the said lands; Provided that the Mortgagee may
distrain for arrears of interest; Provided that in default of the payment of the interest
hereby secured, the principal hereby secured shall become payable; Provided that
until default of payment the Mortgagor shall have quiet possession of the said lands.
In Witness whereof the said parties hereto have hereunto set their hands and seals.
Signed, Sealed, and Delivered
IN THE PRESENCE OF
Sarah Percy
S J Burk
J. B. Burk
Received on the day of the date of this Indenture, from the party of the Second Part the
sum of One Thousand and Two hundred dollars being the full consideration herein
mentioned
Witness
Sarah Percy
S J Burk
J. B. Burk
"
"I certify that the within Instrument is duly entered and Registered in the Registry
Office for the County of Ontario in Book 234 for the Township of Pickering 19 o'clo 2
minutes AM of the 15th day of June. A.D. 1881 Number 4337
____Perry
Rgr
"
"Dated 1st June, 1895
In the Matter of E. ½ of the N. ½ of Lot 22, 4th Concession, Township of Pickering.
Statutory Declaration
__________ of ___________
John Bathurst Burk
Newsome & Co Law Stationers 46 & 48 Adelaide St. E Toronto
Dow & McGillivray,
Whitby
"
"Dominion of Canada
County of Ontario
To Wit:
In the Matter of the title of the East half of the North half of Lot Number Twenty-two in the
Fourth Concession of the Township of Pickering.
I John Bathurst Burk of the Township of Pickering in the County of Ontario, Yeoman
Do solemnly Declare, That That I am well acquainted with Thomas Thornton of the said
Tonwship of Pickering, Farmer; and I am also well acquainted with his brother William
Edward Thornton. I was also well acquainted with Almira Thornton, wife of the said
William Edward Thornton in her lifetime. The said Almira Thornton is now dead some
four or five years.
I have made enquiries about a bond registered on the said property as Number 4335,
which said Bond was to be void on the payment of One thousand dollars to the said
Almira Thornton immediately after the decease of Elizabeth Thornton, the widow of the
late Daniel Thornton. The said Elizabeth Thornton is dead, and shortly after her death the
said Almira Thornton demanded the said sum of One thousand dollars, and the same
was paid to her in full satisfaction of her claim under the said Bond.
I was also well acquainted with Elizabeth Thornton, the daughter of the late Daniel
Thornton. The said Elizabeth Thornton died unmarried some considerable time before
the distribution of the estate of her father the said late Daniel Thornton, and her share in
the estate was divided among her brothers and sisters. I was well acquainted with all the
Thornton family, and familiar with their business affairs so far as it relates to the estate of
their father the late Daniel Thornton.
I have been in the quiet, peaceable and undisturbed possession of the said premises
for the last fifteen years, and there are no claims to the said property adverse to my
own and I am now the absolute owner in fee simple of the said premises.
All taxes due on said premises have been fully paid and satisfied and there are no
executions in the Sheriff’s hands against me.
And I make this solemn Declaration conscientiously believing it to be true and
knowing that it is of the same force and effect as if made under oath and by virtue
of The Canada Evidence Act 1893.
Declared before me at the Town of Whitby in the County of Ontario this 1st day of
June A. D. 1895.
J. B. Burk
Thos. A. McGillivray
A Notary Public in and for the Province of Ontario
"
"FARM POLICY
THE
WATERLOO MUTUAL
FIRE
Insurance Company.
No. 185047
Sarah J. Burk
Amount Insured $1600.00
Premium - - $15.90
You are requested to read the Policy to see that it is filled up according to your
intentions; if not, write to the Head Office, Waterloo, Ont.
THIS POLICY WILL EXPIRE ON THE
16th. Day of March
1900 at Twelve o’clock, noon.
"
"THIS FORM MAY BE USED FOR PURPOSES OF SALE TRANSFER.
For Value Received, ----------hereby transfer, assign and set over unto -----------------
and-----------assigns, all -----------------right, title and interest in this Policy of Insurance,
and all benefit and advantage to be derived therefrom.
WITNESS-----------hand and seal this -------------day of ---------------189
Sealed and Delivered in presence of -------------{SEAL}
The property hereby insured having been purchased by ---------------- who has paid fifty
cents transfer fee, THE WATERLOO MUTUAL FIRE INSURANCE COMPANY consent
that the interest of ------------------------------------in the within Policy may be assigned to said
purchaser, subject, nevertheless, to all the terms and conditions therein mentioned and
referred to.
DATED at -------------this-------------------day of ---------------- 189
----------------Secretary
"
"THIS FORM MAY BE USED FOR PURPOSES OF COLLATERAL SECURITY.
The property insured by this Policy having been mortgaged for $------------------- to
------- -------------------------------------------- of -------------------- the Mortgagee,
I hereby request that loss, if any, be made payable to said Mortgagee as -------- interest
may appear, and I assign said Policy to said Mortgagee, but upon payment of said
Mortgage, this assignment becomes void.
Dated at --------------- this -------------- day of--------------- 189---
At the request of assured (as above stated), and upon receiving fifty cents, transfer fee,
loss, if any, under this Policy, is hereby made payable to ------------------------ Mortgagee,
as -------- interest may appear, and consent is given to the above assignment.
-----------------Secretary.
"
"STATUTORY CONDITIONS
Misrepresentation or omission.
1. If any person or persons insures his or their buildings or goods, and causes the
same to be de-scribed otherwise than as they really are, to the prejudice of the
Company, or misrepresents or omits to communicate any circumstance which is
material to be made known to the Company, in order to enable it to judge of the
risk it undertakes, such insurance shall be of no force in respect to the property in
regard to which the misrepresentation or omission is made.
Policy sent to be deemed as applied for unless variance pointed out.
2. After application for insurance, it shall be deemed that any policy sent to the
assured is intended to be in accordance with the terms of the application,
unless the Company points out, in writing, the particulars wherein the policy
differs from the application.
When a change as to risk shall avoid a policy. Notice of change, etc.
3. Any change material to the risk, and within the control or knowledge of the assured,
shall avoid the policy as to the part affected thereby, unless the change is promptly
notified in writing to the Company or its local agent; and the Company when so
notified may return the premium for the unexpired period and cancel the policy,
or may demand in writing an additional premium, which the assured shall,
if he desires the continuance of the policy, forthwith pay to the Company;
and if he neglects to make such payment forthwith after receiving such demand,
the policy shall be no longer in force.
Change of Property
4. If the property insured is assigned without a written permission endorsed hereon
by an agent of the Company duly authorized for such purpose, the policy shall thereby
become void ; but this condition does not apply to change of title by succession,
or by the operation of the law, or by reason of death.
Partial damage—salvage.
5. Where property insured is only partially damaged, no abandonment of the same
will be allowed unless by the consent of the Company or its agent; and in case of the
removal of property to escape conflagration, the Company will contribute to the loss
and expenses attending such act of salvage proportionately to the respective interest
of the Company or Companies and the assured.
Money, securities. etc.
6. Money, books of account, securities for money, and evidences of debt or title are
not insured.
Plate, paintings, clocks, etc.
7. Plate, plate glass, plated ware, jewelry, medals, paintings, sculptures, curiosities,
scientific, and musical instruments, bullion, works of art, articles of vertu, frescoes,
clocks, watches, trinkets, and mirrors, are not insured unless mentioned in the policy.
Prior, or subsequent Insurance.
8. The Company is not liable for loss if there is any prior insurance in any other
Company, unless the Company's assent thereto appears herein or is endorsed
hereon, nor if any subsequent insurance is effected in any other Company,
unless and until the Company assents thereto, or unless the Company does not
dissent in writing within two weeks after receiving written notice of the intention or
desire to effect the subsequent insurance, or does not dissent in writing after that time,
and before the subsequent or further insurance is effected.
Case of assent to other Insurance.
9. In the event of any other insurance on the property herein described having
been assented to as aforesaid, then this Company shall, if such other insurance
remains in force, on the happening of any loss or damage, only be liable for the
payment of a ratable proportion of such loss or damage without reference to the
dates of the different policies.
Liability In case of non-ownership.
10. The company is not liable for the losses following, that is to say:
(a) For loss of property owned by any other party than the assured, unless the interest
of the assured is stated in or upon the policy.
Riot, invasion, etc.
(b) For loss caused by invasion, insurrection, riot, civil commotion, military or usurped
power ;
Chimneys, ashes, stoves.
(c), Where the insurance is upon buildings or their contents—for loss caused by the
want of good and substantial brick or stone chimneys; or by ashes or embers being
deposited, with the knowledge and consent of the assured, in wooden vessels;
or by stoves or stove pipes being, to the knowledge of the assured, in an unsafe
condition, or improperly secured;
Goods to which fire heat is being applied.
(d) For loss or damage to goods destroyed or damaged while undergoing any
process in or by which the application of fire heat is necessary,
Repairs by carpenters, etc.
(e) For loss or damage occurring to buildings or their contents while the buildings are
being repaired by carpenters, joiners, plasterers, or other workmen, and in
consequence thereof, unless permission to execute such repairs has been
previously granted in writing, signed by a duly authorized agent of the Company.
But in dwelling houses fifteen days are allowed in each year for incidental repairs,
without such permission;
Gunpowder, coal oil, etc
(f) For loss or damage occurring while petroleum, rock, earth, or coal oil, camphene,
gasolene, burning fluid, benzine, naphtha, or any liquid products thereof, or any of their
constituent parts (refined coal oil for lighting purposes only, not exceeding five gallons
in quantity, or lubricating oil, not being crude petroleum, nor oil of less specific gravity
than required by law for illuminating purposes, not exceeding nve gallons in quantity
excepted), or more than twenty-five pounds weight of gunpowder is or are stored or
kept in the building insured, or containing the property insured, unless permission is
given in writing by the Company.
Explosion. Lightning.
11. The Company will make good loss caused by the explosion of coal gas in a
building not forming part of gas works, and loss by fire caused by any other explosion,
or by lightning.
Proof of loss when payable to other than assured.
12. Proof of loss must be made by the assured, although the loss be payable to a
third party.
Directions to be observed on making claim
13. Any person entitled to make a claim under this policy is to observe the following
directions
(a) He is forthwith after loss to give notice in writing to the Company;
(b) He is to deliver as soon afterwards as practicable, as particular an account of the
loss as the nature of the case permits
(c) He is also to furnish therewith a statutory declaration, declaring,
(1) That the said account is just and true:
(2) When and how the fire originated, so far as the declarant knows or believes;
(3) That the fire was not caused through his wilful act or neglect, procurement, means,
or contrivance;
(4) The amount of other insurances;
(5) All liens and encumbrances on the subject of insurance;
(6) The place where the property insured, if movable, was deposited at the time of the
fire.
(d) He is in support of his claims, if required and if practicable, to produce books of
account, warehouse receipts and stock lists, and furnish invoices and other vouchers;
to furnish copies of the written portion of all policies; to separate as far as reasonably
may be the damaged from the undamaged goods, and to exhibit for examination all
that remains of the property which was covered by the policy.
(e) He is to produce, if required, a certificate under the hand of a magistrate,
notary public, commissioner for taking affidavits, or municipal clerk, residing in the
vicinity in which the fire happened, and not concerned in the loss or related to the
assured or sufferers, stating that he has examined the circumstances attending the
fire, loss or damage alleged, that he is acquainted with the character and
circumstances of the assured or claimant, and that he verily believes that the assured
has by misfortune and without fraud or evil practice sustained loss and damage on the
subject assured to the amount certified.
Proof of lass may be made by agent.
14. The above proofs of loss may be made by the agent of the assured,
in case of the absence or inability of the assured himself to make the same,
such absence or inability being satisfactorily accounted for.
False statement or fraud vitiates claim
15. Any fraud or false statement in a statutory declaration in relation to any of the
above particulars, shall vitiate the claim.
Arbitration in case of differences
16. If any difference arises as to the value of the property insured, of the property
saved, or amount of the loss, such value and amount and the proportion thereof
(if any) to be paid by the Company, shall, whether the right to recover on the policy is
disputed or not, and independently of all other questions, be submitted to the
arbitration of some person to be chosen by both parties, or if they cannot agree on
one person, then to two persons, one to be chosen by the party assured and the other
by the Company, and a third to be appointed by the persons so chosen,
or on their failing to agree, then by the County Judge of the County wherein the loss
has happened; and such reference shall be subject to the provisions of the laws
applicable to references in actions; and the award shall, if the Company is in other
respects liable, be conclusive as to the amount of the loss, and proportion to be
paid by the Company: where the full amount of the claim is awarded the costs shall
follow the event, and in other cases, all Questions of costs shall be in the discretion
of the arbitrators.
Loss when payable.
17. The loss shall not be payable until sixty days after completion of the proofs of loss,
unless otherwise provided for by the contract of insurance.
Company may replace, instead of paying.
18. The Company, instead of making payment, may repair, rebuild or replace,
within a reasonable time, the property damaged or lost, giving notice of their intention
within fifteen days after receipt of the proofs herein required.
Insurance terminable on notice.
19. The insurance may be terminated by the Company by giving notice to that effect,
and, if on the cash plan, by tendering therewith a ratable proportion of the premium
for the unexpired term, calculated from the termination of the notice: in the case of
personal service of the notice, five days' notice, excluding Sunday, shall be given.
Notice may be given by any Company having an agency in Ontario by registered
letter addressed to the assured at his last post office address notified to the Company,
and where no address notified, then to the post office of the agency from which
application was received, and where such notice is by letter, then seven days from
the arrival at any post office in Ontario shall be deemed good notice. And the policy
shall cease after such tender and notice aforesaid, and the expiration of the five or
seven days as the case may be.
(a) The insurance, if for cash, may also be terminated by the assured by giving
written notice to that effect to the Company or its authorized agent, in which case the
Company may retain the customary short rate for the time the insurance has been in
force, and shall repay to the assured the balance of the premium paid.
Waiver of condition
20. No condition of the policy, either in whole or in part, shall be deemed to have been
waived by the Company, unless the waiver is clearly expressed in writing, signed by
an agent of the Company.
Officers assuming to agree in writing to be deemed agents.
21. Any officer or agent of the Company, who assumes on behalf of the Company to
enter into any written agreement relating to any matter connected with the insurance,
shall be deemed prima facie to be the agent of the Company for the purpose.
Actions to be brought within one year.
22. Every action or proceeding against the Company for the recovery of any claim
under or by virtue of this policy shall be absolutely barred, unless commenced within
the term of one year next after the loss or damage occurs.
What constitutes written notice.
23. Any written notice to a Company for any purpose of the statutory conditions,
where the mode thereof is not expressly provided, may be by letter delivered at the
head office of the Company in Ontario, or by registered post letter addressed to the
Company, its manager or agent, at such head office, or by such written notice given in
any other manner to an authorized agent of the Company.
VARIATIONS IN CONDITIONS.
This Policy is issued on the above Statutory Conditions, with the following Variations
and Additions;
24. The above Statutory Condition, No. 1, is varied by adding thereto, at the end
thereof, the following words: "" And the omission to communicate, or the understating
of the amount of any mortgage, execution, or other incumbrances upon insured
property, or an erroneous statement as to the title of the insured to the insured
property, shall be deemed to be a misrepresentation, or omission to communicate a
circumstance which s material to be made known to the Company within the meaning
of this condition.""
25. The above Statutory Condition, No. 3, is varied so far as it is inconsistent with
this condition :—If the premises insured, or part thereof, become untenanted or
vacant, and so remain for more than fifteen days, and the fact be not respectively
made known to the Secretary of the Company in writing, and his consent obtained
thereto, the insured shall not be entitled to any benefit under this Policy,
and in every such case this Policy shall be void.
26. The Statutory Condition, No. 9, is enlarged by adding thereto the following
condition after the word ""policies"" : —"" And in case such other Policy or Policies,
or any of them, are specific, then this Policy, if general, shall be treated as a specific
Policy on each property hereby insured for such sum or sums as a shall bear the
same proportion to the total sum hereby insured as the specific sum or sums insured
upon such property by such other Policy or Policies bears to the total amount of such
other Policy or Policies.""
27. The above Statutory Condition, No. 16, is varied in this respect, that whenever
the right to recover on the Policy shall be disputed, it shall not be incumbent upon the
Company to submit to _____ any question as to the value of the property insured,
property saved, or amount of the loss and proportion to be paid by the Company,
or any other question whatsoever ; but all such questions may, at the option of the
Company be decided in the action or suit to be | brought to determine the Company's
liability.
28. Any assignment of any interest of the assured in the Policy will make the Policy
void, unless the consent of the Directors to the same has been signified by the
Secretary, or other Agent of the Company, by endorsement hereon, and the sum of
fifty cents has been paid to the Company.
29. In case of fire, or loss or damage thereby, or exposure to loss or damage
thereby, it shall be the duty of the assured to use his, her or their best endeavors to
preserve the property, and to extinguish the fire if possible; and the Company shall
not be liable for loss caused by neglect to use all ordinary means to save and
preserve the property from damage before, at and after the fire.
30. The assured shall not be entitled to recover from this Company, and other
Companies having insurances upon the same property, more than two-thirds of the
actual value of such property.
31. The use of Steam or Steam Power is not permitted upon the premises insured,
or containing the property insured, except for threshing grain, and then only subject to
the terms and conditions of the permit attached to and forming part of the within
Policy,
32. This Policy shall not be valid or binding until the premium is actually paid thereon,
unless credit is given for a definite time ; in which case it is covenanted as a
condition of this contract, that if the note taken for such premium, or any part thereof,
or the account therefor, be not paid at maturity, the whole amount of premium on this
Policy shall be considered as earned, and this Policy shall be null and void so long as
any part thereof remains unpaid.
33. In the event of the assured having given a premium note or undertaking,
for the insurance within mentioned, and having also given a promissory note,
as and for a pan payment of such premium note or undertaking,
and if the said last mentioned promissory note be not paid at maturity,
this Policy shall be null and void.
34. If any mortgage or incumbrance on the insured property be made or effected,
or subsist, without the Company's written consent thereto, this Policy shall be void.
35. No renewal of this Policy, or of the insurance therein mentioned,
shall be binding or valid, unless the instrument or receipt in writing,
evidencing the same, be signed by the Secretary, and sealed with the
corporate seal of the Company.
""These variations and additions are, by virtue of the Ontario Statute in that behalf,
in force so far as by the Court or Judge before whom a question is tried relating
thereto, they shall be held to be just and reasonable to be exacted by the Company.""
"
"THE WATERLOO MUTUAL
FIRE
INSURANCE COMPANY.
HEAD OFFICE
WATERLOO, ONT.
ESTABLISHED 1863
ALEXANDER & CABLE, TORONTO.
Under Cap. 52 Con. Stats U.C. and special acts Cap. 55 of 31st Vict. And Cap
59 of 44 Vict. Ont. Statutes and under the General act 50 Vict. Cap. 53 Ont. Stats and
revised Stats. Ont. Cap 161
Whereas, Sarah J. Burk of the Township of Pickering in the County of Ontario in the
Province of Ontario, called the “assured” in this Policy and in the Conditions printed
hereon, has paid or by Premium Note or Undertaking secured to the said Company the
sum of $15.90 being the amount of the deposit or presented for insuring against loss or
damage by fire to the amount of $1600.00 for the term of Three years, ending at noon on
the Sixteenth day of March in the year of our Lord One Thousand Nine Hundred on
property as follows, viz. : As per form attached hereto.
ONE THOUSAND, SIX HUNDRED DOLLARS.
Loss, if any, payable to Fred J. Richardson. Situated on Lot 21, Concession 4,
Township of Pickering, County of Ontario, the above insured property being more
particularly described in the application for this Insurance made by the assured, and
being represented in said application as otherwise not insured----------$---------,
and the said property aforesaid as being held by Deed in Fee.
Now therefore this Policy Witnesseth that the said Company covenant, promise and
agree with the said assured to make good to the said assured, or his, her or their legal
representatives, two-thirds of all such loss or damage by fire (such two-thirds not
exceeding the amount insured on the property above described), as shall occur
during the continuance of this Policy. Such loss or damage to be estimated according
to the actual cash value of the said property at the time the fire shall happen.
In Witness Whereof these presents are signed by the President or Vice President and
countersigned by the Secretary, under the corporate seal of the said Company, at the
Town of Waterloo, in the County of Waterloo, and Province aforesaid, this Sixteenth
day of March in the year of our Lord One Thousand Eight Hundred and Ninety-Seven.
George Randall
President
C M Taylor
Secretary
"
"Sarah J. Burk
On the Following Property Owned by the Assured:
On a frame & roughcastdwelling 2 Stories high, size 18x26 22x32 14x20 12x14
Feet, covered with shingles and --- years old
$800.00
On Household Furniture, Linen, Beds, Bedding, China, Crockery and Glassware,
Plate and Plated Ware, Sewing machine, Pictures and Books (not more than $5
recoverable on any one Picture or Book in event of loss) all while contained in said
Dwelling $-----
On Wearing Apparel and Provisions for family use, all while contained therein $-----
On Piano ($---) on Organ, (&---_ while contained in Dwelling $----
$800.00
On Barn No.1 on Diagram, size 30x80 feet, height of posts---feet covered with shingles
& 14x20 years old
$600.00
On Farm Produce while contained therein $---
On Barn No.2 on Diagram, size x feet, height of posts --- feet covered with ----and----
years old----$---
On Farm Produce while contained therein $---
On the following Property while contained in any of the above described outbuildings:
On Vehicles, Farming Implements (excluding Threshing Machines), Tools, Utensils,
Harness and Robes, not more than one Mower and one Reaper or Binder covered
under this item and those covered are the newest and best on the farm---$----
On Live Stock, not more than $50 on any one Horse, $25 on any one Horned Cattle or
$6 on any other animal recoverable in event of loss unless specially insured--$----
$600.00
On Threshing Machine---$----
On Driving Shed 20x20 $100.00
On Pig Pen 20x30 $100.00
On $200.00
On $1600.00
The Live Stock to be insured against being killed by Lightning in the enclosed fields on
farm, but not more than two-thirds the value of any animal will be allowed, subject to
above limitation. Loss or damage by lightning will be paid whether fire ensues or not.
THRESHING MACHINE PERMIT-The use of Steam Engine of standard make for the
purpose of threshing grain in the barn or barns described above, is allowed, subject,
however, to the following conditions, by which the applicant agrees to be bound, and
failing which, this “Permit” will not apply.
CONDITIONS-1st. That the Boiler and Furnace shall be in good condition and be
furnished with all the modern appliances for safety against fire. 2nd.
That, when working, no part of the Engine shall be placed nearer than
TWENTY-FIVE FEET to any building or stack of hay or straw, or other combustible
matter. 3rd. No straw or litter shall be allowed to collect around the engine,
or between it and any building, or stack of hay or straw, or other furnace,
and a barrel of water easy of access, must be kept close to the engine. 5th.
That a competent person shall be left in attendance until all fires are extinguished,
and ashes removed from the furnace must be immediately drenched with water.
The neglect, omission, or non-fulfillment or any or either of those conditions,
will vitiate the Policy of Insurance to which this “Permit” applies.
When the Steam Engine above referred to is located at least 100 feet from stack or
building, the above conditions do not apply
Attached to and forming part of Policy No 185047 of the Waterloo Mutual Fire
Insurance Company.
"
"THE
WATERLOO MUTUAL
FIRE
Insurance company
No. 150865
Sarah Jane Burk
Amount insured, $1500.00
Premium - - $15.00
You are requested to read the Policy to see that it is filled up according to your
intentions; if not, write to the Head Office, Waterloo, Ont.
THIS POLICY WILL EXPIRE ON THE
19th day of March
1894, at Twelve o’clock, noon.
"
"THIS FORM MAY BE USED FOR PURPOSES OF SALE TRANSFER.
For Value Received,………….hereby transfer, assign and set over unto
……………………………………….of………………………………………….. and
…………assigns, all……………..right, title and interest in this Policy of Insurance,
and all benefit and advantage to be derived there from.
WITNESS……hand and seal this………..day of…………………189
Sealed and Delivered in presence of
The property herby insured having been purchased by…………………………………….
Who has paid fifty cents transfer fee, THE WATERLOO MUTUAL FIRE INSURANCE
COMPANY consent that the interest of …………………….in the within Policy may be
assigned to said purchaser, subject, nevertheless, to all the terms and conditions therein
mentioned and referred to.
Dated at…………..this……………day of………………….189
…………………………………………………………secretary.
"
"STATUTORY CONDITIONS.
Misrepresentation or omission.
1. If any person or persons insures his their buildings or goods, and causes the
same to be described otherwise than as they really are, to the prejudice of the
Company, or misrepresents or omits to communicate any circumstance which is
material to be made known to the Company, in order to enable it to judge of the
risk it undertakes, such insurance shall be of no force in respect to the property in
regard to which the misrepresentation or omission is made.
Policy sent to be deemed as applied for unless variance pointed out.
2. After application for insurance, it shall be deemed that any policy sent to the
assured is intended to be in accordance with the terms of the application.
When a change as to risk shall avoid a policy. Notice of change, etc.
3. Any change material to the risk, and within the control, or knowledge of the
assured, shall avoid the policy as to the part affected thereby, unless the change is
promptly notified in writing to the Company or its local agent; and the Company when
so notified may return the premium for the unexpired period and cancel the policy,
or may demand in writing an additional premium, which the assured shall, if he
desires the continuance of the policy, forthwith pay to the Company; and if he
neglects to make such payments forthwith after receiving such demand , the policy
shall no longer in force.
Change or Property
4. If the property insured is assigned without a written permission endorsed hereon
by an agent of the Company duly authorized for such purpose, the policy shall thereby
become void; but this condition does not apply to change of title by succession, or by
the operation of the law, or by reason of death.
Partial damage salvage
5. Where property insured is only partially damaged, no abandonment of the same
will be allowed unless by the consent of the Company or its agent; and in case of the
removal of property to escape conflagration, the Company will contribute to the loss
and expenses attending such act of salvage proportionately to the respective interest
of the Company or Companies and the assured.
Money, securities, etc.
6. Money, books of account, securities for money, and evidences of debt or title are
not insured.
Plate, paintings, clocks, etc
7. Plate, plate glass, plated ware, jewelry, medals, painting, sculptures, curiosities,
scientific, and musical instruments, bullion, works of art, articles or vertu, frescoes,
clocks, watches, trinkets, and mirrors, are not insured unless mentioned in the policy.
Prior, or subsequent insurance.
8. The Company is not liable for loss of there is any prior insurance in any other
Company, unless the Company’s assent thereto appears herein or is endorsed
hereon, nor if any subsequent insurance is effected in any other Company unless and
until the Company assents thereto, or unless the Company does not dissent in writing
within two weeks after receiving written notice of the intention or desire to effect the
subsequent insurance, or does not dissent in writing after that time, and before the
subsequent or further insurance is effected.
Case of assent to other insurance
9. In the event of any other insurance on the property herein described having been
assented to as aforesaid, then this Company shall, if such other insurance remains in
force, on the happening, of any loss or damage, only be liable for the payment of a
ratable proportion of such loss or damage without reference to the dates of the
different policies.
Liability in case of non-ownership.
10. The Company is not liable for the losses following, that is to say:
(a) For loss of property owned by any other party than the assured, unless the interest
of the assured is stated in or upon the policy.
Riot, invasion, etc.
(b) For loss caused by invasion, insurrection, riot, civil commotion, military or usurped
power;
Chimneys, ashes, stoves
(c) Where the insurance is upon buildings on their contents-for loss caused by the
want of good and substantial brick or stone chimneys; or by ashes or embers being
deposited, with the knowledge and consent of the assured, in wooden vessels;
or by stoves or stove pipes being, to the knowledge of the assured,
in an unsafe condition, or improperly secured;
Goods to which fire heat is being applied.
(d) For loss or damage to goods destroyed or damaged while undergoing any
process in or by which the application of fire heat is necessary.
Repairs by carpenters, etc.
(e) For loss or damage occurring to buildings or their contents while the buildings are
being repaired by carpenters, joiners, plasterers, or other workmen,
and in consequence thereof, unless permission to execute such repairs
has been previously granted in writing, signed by a duly authorized agent of the
Company. But in dwelling houses fifteen days are allowed in each year for incidental
repairs, without such permission.
Gunpowder, coal oil, etc.
(f) For loss or damage occurring while petroleum, rock, earth, or coal oil, camphene,
gasoline, burning fluid, benzene, naphtha, or any liquid products thereof, or any of their
constituents parts (refined coal oil for lighting purposes only, not exceeding five
gallons in quantity, or lubricating oil, not being crude petroleum, nor oil of less specific
gravity than required by law for illuminating purposes, not exceeding five gallons in
quantity excepted), or more than twenty-five pounds weight for gunpowder is or are
stored or kept in the building insured, or containing the property insured, unless
permission is given in writing by the Company.
Explosion. Lightning.
11. The Company will make good loss caused by the explosion of coal gas in a
building not forming part of gas words, and loss by fire caused by any other explosion,
or by lightning.
Proof of loss when payable to other than assured.
12. Proof of loss must be made by the assured, although the loss be payable to a
third party.
Directions to be’ observed on making claim
13. Any person entitled to make a claim under this policy is to observe the following
directions
(a) He is forthwith after loss to give notice in writing to the Company
(b) He is to deliver as soon afterwards as practicable, as practicable and account of
the loss as the nature of the case permits
(c) He is also to furnish therewith a statutory declaration, declaring,
(1) That the said account is jus and true;
(2) When and how the fire originated, so far as the declarant knows or believes;
(3) That the fire was not caused through his willful act or neglect, procurement,
means, or contrivance;
(4) The amount of other insurance;
(5) All liens and encumbrances on the subject of insurance;
(6) The place where the property insured, if movable, was deposited at the time
or the fire.
(d) He is in support of his claims, if required and if practicable, to produce books of
account, warehouse receipts and stock lists, and furnish invoices and other vouchers;
to furnish copies of the written portion of all policies; to separate as far as reasonably
may be the damaged from the undamaged goods, and to exhibit for examination all
that remains of the property which was covered by the policy.
(e) He is to produce, if required, a certificate under the hand of a magistrate, notary
public, commissioner for taking affidavits, or municipal clerk, residing in the vicinity in
which the fire happened, and not concerned in the loss or related to the assured or
sufferers, stating that he has examined the circumstances attending the fire, loss or
damage alleged, that he is acquainted with the character and circumstances of the
assured or claimant, and that he verily believes that the assured has by misfortune
and without fraud or evil practice sustained loss and damage on the subject assured
to the amount certified.
Proof of loss may be made agent.
14. The above proofs of loss may be made by the agent of the assured, in case of
the absence or inability of the assured himself to make the same, such absence or
inability being satisfactorily accounted for.
False statement or fraud vitiates claim
15. Any fraud or false statement in a statutory declaration in relation to any of the
above particulars, shall vitiate the claim.
Arbitration in case of differences.
16. If any difference arises as to the value of the property insured of the property
saved, or amount of the loss, such value and amount and the proportion thereof (if any)
to be paid by the Company, shall whether the right to recover on the policy is disputed
or not, and independently of all other questions, be submitted to the arbitration of
some person to be chosen by both parties, or if they cannot agree on one person,
then to two persons one to be chosen by the party assured and the other by the
Company, and a third to be appointed by the persons so chosen, or on their failing to
agree, then by the County Judge or the County wherein the loss has happened;
and such reference shall be subject to the provisions of the laws applicable to
references in actions; and the award shall, if the Company is in other respects liable,
be conclusive as to the amount of the loss, and proportion to be paid by the Company;
where the full amount of the claim is awarded the costs shall follow the event,
and in other cases, all questions of costs shall be in the discretion of the arbitrators.
Loss when payable
17. The loss shall not be payable until sixty days after completion of the proofs of loss,
unless otherwise provided for by the contract of insurance.
Company may replace, instead of paying.
18. The Company, instead of making payment, may repair, rebuild or replace,
within a reasonable time, the property damaged or lost, giving notice of their intention
within fifteen days after receipt of the proofs herein required.
Insurance terminable on notice.
19. The insurance may be terminated by the Company by giving notice to that effect,
and if on the cash plan, by tendering therewith a ratable proportion of the premium for
the unexpired term, calculated from the termination of the notice: in the case of
personal service of the notice, five days’ notice, excluding Sunday, shall be given.
Notice may be given by any Company having an agency in Ontario by registered letter
addressed to the assured at his last post office address notified to the Company,
and where no address notified, then to the post office of the agency from which
application was received, and where such notice is by letter, then seven days from
the arrival at any post office in Ontario shall be deemed good notice.
And the policy shall cease after such tender and notice aforesaid,
and the expiration of the five or seven days as the case may be.
(a) The insurance, if for cash, may also be terminated by the assured by giving
written notice to that effect to the Company or its authorized agent,
in which case the Company may retain the customary short rate for the time the
insurance has been in force, and shall repay to the assured the balance of the
premium paid.
Waiver of condition
20. No condition of the policy, either in whole or in part, shall be deemed to have
been waived by the Company, unless the waiver is clearly expressed in writing,
signed by an agent of the Company.
Officers assuming to agree in writing to be deemed agents.
21. Any officer or agent of the Company , who assumes on behalf of the Company to
enter into any written agreement relating to any matter connected with the insurance,
shall be deemed prima facie to be the agent of the Company for the purpose
Actions to be brought within one year.
22. Every action or proceeding against the Company for the recovery of any claim
under or by virtue of this policy shall be absolutely barred, unless commenced
within the term of one year next after the loss or damage occurs.
What constitutes written notice.
23. any written notice to a Company for any purpose of the statutory conditions,
where the mode thereof is not expressly provided, may be by letter delivered at the
head office of the Company in Ontario, or by registered post letter addressed to the
Company, its manager or agent, at such head office, or by such written notice given
in
any other manner to an authorized agent of the Company.
VARIATIONS IN CONDITIONS.
This Policy is issued in the above Statutory Conditions, with the following Variations
and Additions:
24. The above Statutory Condition, No. I, is carried by adding thereto, at the end
thereof, the following words: “And the omission to communicate, or the understating
of the amount of any mortgage execution, or other incumbrances upon insured
property, or an erroneous statement as to the title of the insured to the insured
property, shall be deemed to be a misrepresentation, or omission to communicate
a circumstance which is material to be made known to the Company within the
meaning of this condition.”
25. The above Statutory Condition, No. 3, is varied so far as it is inconsistent with
this condition: If the premises insured, or part thereof, become untenanted or vacant,
or if the premises, being a mill or manufactory, shall cease to be operated, and so
remain for more than ten days, and the fact be not respectively made known to the
Secretary of the Company in writing, and his consent obtained thereto, the insured
will not be entitled to any benefit under this Policy, and in every such case the Policy
will be void.
26. The above Statutory Condition, No. 7, is carried by adding the word “Patterns”
after the word “Trinkets,” in the said condition.
27. The Statutory Condition No. 9, is enlarged by adding thereto the following
condition after the word “Policies,” –And in case such other Polices, or any of them,
are specific, then any general Policy of this Company, on different properties, shall be
treated as a specific Policy for the whole amount thereby insured, in proportion to the
several amounts insured on such properties respectively by such other Policies.
28. The above Statutory Condition, No. 16, is varied in this respect, that whenever the
right to recover on the Policy shall be disputed, it shall not be incumbent upon the
Company to submit to arbitration any questions as to the value of the property insured ,
property saved, or amount of the loss and proportion to be paid by the Company,
or any other question whatsoever; but all such questions may, at the option of the
Company, be decided in the action or suit to be brought to be determine the
Company’s liability.
29. Any assignment of any interest of the assured in the Policy will make the Policy
void, unless the consent of the Directors to the same has been signified by the
Secretary, or other Agent of the Company, by endorsement hereon, and the sum of
fifty cents has been paid to the Company.
30. In case of fire, or loss or damage thereby, or exposure to loss or damage thereby,
it shall be the duty of the assured to use his, her or their best endeavors to preserve
the property, and to extinguish the fire, if possible; and the Company shall not be
liable for loss caused by neglect to use all ordinary means to save and preserver the
property from damage before, at and after the fire.
31. Where the insurance is upon buildings, the assured shall not be entitled to
recover from this Company, and other Companies having insurances upon such
buildings, more than two-thirds of the actual value of any building, unless more than
such two-thirds value as represented in the application shall have been insured by
this Company.
32. This Policy shall not be valid or binding until the premium is actually paid thereon,
unless credit is given for a definite time; in which case it is covenanted as a condition
of this contract, that if the note taken for such premium, or any part thereof,
or the account therefore, be not paid at maturity , the whole amount of premium
on this Policy shall be considered as earned, and this Policy shall be null and void
so long as any part thereof remains unpaid.
33. In the event of the assured having given a premium note or undertaking,
for the insurance within mentioned, and having also given a promissory note,
as and for a part payment of such premium note or undertaking, and if the said
last intentioned promissory note be not paid at maturity, this Policy shall be null
and void.
34. The use of steam for threshing is not permitted unless a license therefore be
attached hereto, and then only subject to the restrictions set forth in such license.
35. If any mortgage or incumbrance on the insured property be made or effected,
or subsist, without the Company’s written consent thereto, this Policy shall be void.
36. No renewal of this Policy, or of the insurance therein mentioned, shall be binding
or valid, unless the instrument or receipt in writing, evidencing the same, be signed
by the Secretary, and sealed with the corporate seal of the Company.
“ These variations and additions are, by virtue of the Ontario Statute in that behalf,
in force so far as by the Court or Judge before whom a question is tried relating
thereto they shall be held to be just and reasonable to be exacted by the Company.”
"
"THE____________USED FOR PURPOSES OF COLLATERAL SECURITY.
The _______ by this Policy having been mortgaged for $3200 to Susanna Richardson +
W.V Richardson Executor of Whitby the Mortgages I hereby requestthat loss , if any,
be made payable to said Mortgages as their interest may apply ___ I assign said
Policy to said Mortgagee, but upon payment of said Mortgage, __ assign ______.
Dated at Markham this Forth day of March 1895
Sarah Jane Burke Assured.
Waterloo, Mar. 4th 1895
At the request of assured (as above stated), and upon receiving fifty cents, transfer fee,
loss if any, under this Policy, is hereby made payable to Susanna J.F + W.V. Richardson
Executors Mortgages, as their interest may appear, and consent is given to the above
assignment.
__B. Reesor Agent Secretary.
"
"THE WATERLOO MUTUAL
FIRE
HEAD OFFICE WATERLOO, ONT.
Established 1863.
Insurance Company.
Under Cap 52 Con. Stats. U.C. and special acts cap. 55. of 31stVict and Cap. 59,
of 44 Vict. Ont. Statutes and under the General 50 Vict Cap. 53. Ont Stats and revised
stats Ont. Cap. 161
Whereas, Sarah Jane Burk of the Township of Pickering in the County of Ontario in the
Province of Ontario, called the “assured” in this Policy and in the Conditions printed
heron, has paid or by Premium Note as Undertaking secured to the said Company the
sum of $15.00, being the amount of the deposit or premium for insuring against loss or
damage by fire to the amount of the Nineteenth day of March in the year of our Lord One
Thousand Eight Hundred and Nine Seven on property as follow,
As first form attached
_________
One Thousand Five Hundred Dollars
Loss of any payable to Maria Carleton ______
Situated Lot 4, Con. 4 Twp of Pickering
County of Ontario, the above insured property being more particularly described in the
application for this Insurance made by the assured , and being represented in said
application as otherwise not insured $………….., and the said property aforesaid as
being held by Deed in fee
And the said Company covenant, promise and agree with the said assured to make
good to the said assured, or his, her or their legal representatives, all such loss or
damage by fire, not exceeding the amount insured on the property above described,
as shall occur during the continuance of this Policy. Such loss damage to be estimated
according to the actual cash value of the said property at the time the fire shall happen.
In Witness Whereof these presents are signed by the President or Vice-President and
countersigned by the Secretary, under the corporate seal of the said Company, at the
Town of Waterloo, in the County of Waterloo, and Province aforesaid, this Ninetieth day
or March in the year of out Lord One Thousand Eight Hundred and Ninety Four
George Randall C M Taylor
president secretary.
"
"On the following property owned by the assured:
On a frame Dwelling 1 3/4 Stories high, size 12x24, 18 x 24, 24 X 34
Feet, covered with shingles and 9 years old $800.00
On Household Furniture, Linen. Beds, Bedding, China, Crockery and Glassware,
Plate and Plated Ware. Sewing Machine, Pictures and Books, (not more than $5
recover able on any one Picture or Book in even of loss), all while contained in said
Dwelling. $……
On Wearing Apparel and Provisions for family use, all while contained therein…. $…..
On Clocks, Watches and Jewellery, all while contained therein…………………... $…..
On Piano, ($…….) On Organ($……..) while contained in Dwelling……………... $…..
$800.00
On Barn No. 1 on Diagram, size __ 80 feet, height of posts……………….feet
covered with ______________ and ______ years old…………………………………
…… $600.00
On Farm Produce while contained therein………………………………………….. $….
On Barn No. 2 on Diagram, size……..X………feet, height of posts……………..feet
covered with………………and……………years old………………………………. $….
On Farm Produce while contained therein……………………………………………$….
On the following Property while contained in any of the above described outbuildings:
On Vehicles, Farming Implements, (excluding Threshing Machines). Tools, Utensils,
Harness and Robes, not more than on Mower and one Reaper or Binder covered
under this item and those covered are the newest and best on the farm………………
…….. $….
On Live Stock, not more than $75 on any one Horse, $25 on any one Horned Cattle
or $6 on any other animal recoverable in event of loss unless specifically insured…………
$…
$600.00
On Threshing Machine…………………………………………………………………$…
On Driving House…………………………………………………………………………
……$100.00
On………………………………………………………………………………………$….
On………………………………………………………………………………………$….
On………………………………………………………………………………………$….
$100.00
$1500.00
The Live Stock to be insured against being killed by Lightning in the enclosed fields
on farm, but not more than two-thirds the value of any animal will be allowed , subject,
to above limitation. Loss or damage by lightning paid whether fire ensues or not.
THERESHING MACHING PERMIT. –The use of Steam Engine of standard make
for the purpose of threshing grain in the barn or barns described above, is allowed,
subject, however, to the following conditions, by which the applicant agrees to be
bound, and failing which, this “permit” will not apply.
CONDITIONS. –1st. That the Boiler and Furnace shall be in good condition and be
furnished with all the modern appliances for safety against fire. 2nd. That, when
working, no part of the Engine shall be placed nearer than TWENTY-FIVE FEET
to any building or stack of hay or straw, or other combustible matter. 3rd. No straw
or litter shall be allowed to collect around the engine, or between it and any building,
or stack of hay or straw, or other combustible matter. 4th. That four pails of water at
least, shall be kept close at hand while there is any fire in the furnace, and a barrel of
water easy of access, must be kept close to the Engine. 5th. That a competent person
shall be left in attendance until all fires are extinguished, and ashes removed from the
furnace must be immediately drenched with water.
The neglect, omission, non-fulfillment of any or either of these conditions, will vitiate
the Policy of Insurance to which this “Permit” applies.
When the Steam Engine above referred to is located at least 100 feet from stack or
building, the above conditions do not apply.
Attached to and part of Policy No 150865 of the Waterloo Mutual Fire Insurance
Company.
"
"ABSTRACT OF TITLE
…………………………
………Lot………Con.
Township of …………..
County of Ontario
Re………………………
"
"CANADA
Registry Office
County of Ontario
Re……………ABSTRACT OF TITLE
Last Registration No. 8459. Entered in this Abstract. Whitby, 8th day of February A.D.
1895
I hereby certify that the following are correct Extracts of and concerning all Instruments
Registered, mentioning the East half of the North half of Lot No. 22 in the 4th Con. In the
Township of Pickering County of Ontario since Registration No. 6329 Registered 6th
April 1887 to the date hereof.
(columns) REGISTRATION NO. OF INSTRUMENT.
INSTRUMENTITS DATE.
DATE OF REGISTRY.
GRANTOR.
GRANTEE.
CON-SIDERATION.
LAND AND REMARKS.
(handwritten)
6441. 6480. 6506. Do not relate to that part of Lot 22 described in the heading of this
abstract.
6606. Mortgage Feby. 7. 1888. Mar. 23 1888. Burk, Sarah. J & J.B. ____, Maria $3200
E ½ of N ½ of Lot 22 & the S ½ of N ½ of Lot 21
6944. 7102. 7309. 7327. 7426. 7440. 7441. 7442. 7452. 7467. 8400. Do not relate to
that part of Lot 22 described in the heading of this abstract
8459 Mortgage Feby. 6. 1895 Feby. 8. 1895. Burk, Sarah J & JB Richardson,
Susanna et al extrs $3200 E ½ or N ½ of Lot 22 & the S ½ of N ½ of Lot 21.
Ontario County Registry Office
Whitby 8th February 1895
$1.25
___ Perry
Reg.
"
"The
Standard Mutual
Fire Insurance Co.
Head Office, = Markham, Ont.
Markham, Ont., Feb. 23rd 1900
Mrs. Lucy Almond
Whitby, Ont:
Dear Madam, I inclose you an Interim assigned to give as Mortgagee for $2000.
Insurance on Mrs. S. J. Burk’s property in Pickering. Policy will be sent you in due time
Yours Truly
H. B. Reesor
"
"INTERIM RECEIPT MUTUAL SYSTEM.
The Standard Mutual Fire Insurance Co.
HEAD OFFICE – MARKHAM, ONT.
No.
Pickering Feb. 23rd 1900
Received from Mrs. Sarah Jane Burk a Premium Note for $70 00/100 and a cash
paymen thereon of Fifteen 50/100 Dollars, for Insurance to the amount of $2000
upon the property described in her Application of this date for 36 months from the 16
day of March 1900, subject to approval at Head Office and to the conditions of the
Company’s Policy. Unless previously cancelled, this receipt binds the Company for
THIRTY DAYS from the date thereof and no longer, after which time the risk shall be
considered cancelled and of no effect. If insurance is declined the amount received
will be refunded less the Premium for the time insured; if accepted, a Policy will be
issued in due course.
H. B. Reesor Agent.
Loss if any payable to Mrs. Lucy Almond mortgagee as loan interest may _____
H. B. R.
"
"H. B. Reesor,
Conveyances, Insurance
and
General Financial Agent.
Markham, Ont. Mar. 24 1897
F. J. Richardson Esq
Whitby, Ont:
Dear Sir. Since ____ receipt for $100 Ins. re Mr J B Burk's farm assinged to to you as
Mortgagee. Policy will follow in due time
Yours Truly
H. B. Reesor
"
"The Standard Mutual
Fire Insurance Co.
Head Office, Markham, Ont.
Markham, Ont. Feb. 7th, 1900
F.J. Richardson Esq
Whitby Ont.
Dear Sir- Will you kindly give me the name and address of Mr. S.J. Burk’s mortgage
for Lots 21 & 22 Con 4 Pickering as I understand the mortgage has changed hands.
I have Insured the Buildings and want to assign the Policy
Yours Truly
H.B. Reesor
"
"INTERIM RECEIPT CASH SYSTEM
No. 1375 The Waterloo Mutual
Fire Insurance Company.
HEAD OFFICE, WATERLOO, ONT.
Markham Mar 16 1897
RECEIVED from JB Burk Esq for SJ Burk the sum of Fifteen 90/ Dollars,
being Premium for Insurance to the amount of $1600 upon the property described in
her Application of this date for 36 months from the 16 day of Mar. 1897
Subject to approval at the Head Office and to the conditions of the Company’s Policy.
Unless previously cancelled, this Receipt binds the Company for THIRTY DAYS from
the date hereof and no longer, after which time the risk shall be considered cancelled
and of no effect. If the Insurance be declined the amount received will be refunded,
less the premium for the time insured: if confirmed, a Policy will be issued in due course.
H.B. Reesor
Agent
(handwritten)
Loss if any payable to LJ Richardson as his interest may appear
"
"Oshawa, Ont., Nov. 16 th, 1900
M
Bought of OSHAWA MARBLE CO.
DEALERS IN AND MANUFACTURERS OF
ALL KINDS OF MARBLE AND GRANITE WORK
TERMS MODERATE. CLEANING AND REPAIRING DONE WITH NEATNESS
Received from Sarah J. Burke
The Sum of Eighty-five dollars ($85.00)
Paid in full for monument Nov. 16 th
J.W. Babcock
"
LL' 30
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"Collegiate Institutes and High Schools of Ontario
IT IS HEREBY CERTIFIED
That Master Milton Burk
Has passed the ENTRANCE EXAMINATION required by the Education Department
for admission to a Collegiate Institute or High School.
Dated at Whitby
July 15th, 1907
Jno Waugh: D Paed.
Inspector of Public Schools
FORM 175
50, 000 APR. 1906
"
"AC 93-897
6, 3, 6, 86
Dated 22nd Nov 1890
Samuel Witter
To Jane Burk
Quit Claim Deed
Joseph Doust, Law Stationer, Lithor, Toronto.
Clarke + Wisiner
Barristers ___
Essex
"
"L262
I certify that the within instrument is duly entered and Registered in the Registry Office
for the County of Ontario in Book 327 for the Township Pickering at –1 o’clock 30.
minutes. P.M of the 21st day of September A. D. 1893 Number 8112
____ Perry
Reg.
L262
"
"County of Essex to wit.
I Edward Augustus Wisiner of the Town of Essex in the County of Essex Barrister at
law make oath and say: -
1. That I was personally present and did see the within Instrument and Duplicate
thereof duly signed sealed and executed by Samuel Witter one of the parties thereto.
2. That the said Instrument and Duplicate were executed at the said town of Essex
3. That I know the said party
4. That I am a subscribing Witness to the said Instrument and Duplicate
Sworn before me at the Town of Essex in the County of Essex this 22nd day of
November in the year of Our Lord 1890
James Oliver
A Commissioner for the taking Affidavits in the High Court of Justice
E.A. Wismer
"
"This Indenture
Made in Duplicate the Twenty second day of November in the year of Our Lord one
thousand eight hundred and ninety
Between Samuel Witter of the Town of Essex in the County of Essex Laborer hereinafter
called the party of the First Part and Jane Burk of the Township of Pickering in the
County of Ontario wife of John B. Burk of the same place Yeoman hereinafter called
the party of the Second Part
Whereas the said party of the first part is one of the legatees under the last Will and
Testament of William Witter late of the said Township of Pickering who was the owner
of the lands hereinafter described and whereas the said party of the first part agreed to
release all his interest in the said lands for the sum of Two hundred and fifty dollars
which never he has received and in consideration thereof executed a Quit Claim Deed
of said lands which has been mislaid and cannot now be located now before this
Indenture
Witnesseth that the said party of the first part for and in consideration of the promises
and of the sum of ten dollars of the lawful money of Canada to him in hand paid by the
said party of the second part at or before the sealing and delivery of these presents
(the receipt whereof is hereby acknowledged) Hath granted releases and quitted
Claim and by these presents Doth Grant release and quit Claim unto the said party of
the second part her heirs and assigns for ever All the Estate right title interest claim
and demand whatsoever both at law and in equity or otherwise howsoever and whether
in possession or expectancy of him the said party of the first part of into or out of All and
Singular that certain parcel of tract of land and premises situate lying and being in the
Township of Pickering in the County of Ontario and
"
Province of Ontario and being composed of the South half of the North half of the
Lot Number Twenty-one in the Fourth Concession of the said Township containing
by admeasurement fifty acres be the same more or less
"Together with the appurtenances thereto belonging of appertaining To have and To
hold the aforesaid lands and premises with all and singular the appurtenances thereto
belonging and appertaining unto and to the use of the said party of the second part her
heirs and assigns for ever Subject nevertheless to the reservations limitations provisos
and condition expressed in the original Grant thereof from the Crown
In Witness whereof the said parties to these pres-ents have here unto set their hands
and seals./.
Signed sealed and delivered
In the presence of E.A. Wismer
Samuel Witter
Received on the date hereof from the said party of the Second Part the sum of Ten
Dollars the consideration herein mentioned.
Witness
E.A. Wisiner
Samuel Witter
"
"Dated 16th November 1880
Peter McKenzie
To
Robert Wemyss
Assignment of
Mortgage of lands in
Pickering
Beatty Chadwick & Biggar & Thomson
"
"I certify that the within Instrument is duly entered and Registered in the Registry Office
for the County of Ontario in Book 228 for the Township of Pickering 10 o’clo ~minutes
A.M. of the 17th day of November A.D. 1880 Number 4124
James Draper
Deputy Registrar
"
"J. Nicholls: Litho: Toronto.
This Indenture made the sixteenth day of November One thousand eight hundred and
eighty
Between Peter McKenzie of the Township of Scarborough in the County of York Yeoman
Hereinafter called the “Assignor” of the first part, and Robert Wemyss of the City of
Toronto Accountant
Hereinafter called the “Assignee” of the second part.
Whereas by a certain Mortgage dated the twelfth day of December One thousand
eight hundred and seventy eight one Sarah Jane Burk and John Bathurst Burk her
husband mortgaged the lands hereinafter mentioned to secure the payment of certain
moneys and interest as is therein set out, unto
The said Assignor
And whereas the said Assignor has agreed to sell and assign the said Mortgage to
the said Assignee.
Now this Indenture Witnesseth that in consideration of the Four hundred and sixty
Dollars of lawful money of Canada now paid by the said Assignee to the said Assignor
(the receipt whereof is hereby acknowledged) The said Assignor Doth Grant and Assign
unto the said Assignee, his heirs executors administrators and assigns for ever.
All and Singular that certain parcel of Land situate in the Township of Pickering in the
County of Ontario composed of the South half of the North half of Lot number twenty
one in the fourth concession containing fifty acres more or less.
"
"Together with the said Mortgage and all moneys and interest thereby secured To hold
unto and to the use of the said Assignee his heirs executors administrators and assigns,
Subject to the Equity of redemption subsisting therein by virtue of the said Mortgage.
The said Assignor for himself his heirs executors administrators and assigns Covenants
with the said Assignee his heirs executors administrators and assigns That the said
Mortgage will well and truly pay all moneys and interest secured by the said Mortgage
the manner therein provided and that the said Assignor has done no act whereby the
said Mortgage has been in anywise released discharged or encumbered or whereby
the lands thereby mortgaged have been in anywise encumbered and that there is now
unpaid and secured by the said Mortgage the sum of Four hundred and fifty Dollars
with interest at eight per cent from the twelfth day of December One thousand eight
hundred and seventy nine And that the side Assignor his heirs executors and
administrators will from time to time at the request and at the cost of the said
Assignee his heirs executors administrators and assigns, do perform and execute
every act deed matter and thing which may be deemed necessary for further assuring
the said lands and mortgage moneys to the said Assignee his heirs executors
administrators and assigns or for enforcing the covenants or conditions contained
in the said Mortgage.
In witness whereof the said parties have hereunto set their hands and seals
Signed Sealed and Delivered
In the presence of
B. ______
Peter McKinzie
Received on the date hereof the sum of Four hundred and sixty Dollars the
consideration expressed Witness.
____________ Peter McKinsie
"
"Note-Both duplicates of the within Instrument and of this Affidavit must be filled up,
signed and sworn respectively, so that they shall be exactly alike.
County of York
*This name to be strictly in full, no initials.
*Daniel Edmund Thomson of the City of Toronto in the County of York, + Barrister of
law make oath and say:
+ occupation or addition
1st That I was personally present and did see the within Instrument and a duplicate
thereof duly signed sealed and executed by Peter McKenzie one of the parties thereto.
2nd That the said Instrument and duplicate were so executed at the City of Toronto in
the Said County.
3rd That I know the said Peter McKenzie.
4th That I am a subscribing witness to the said Instrument and duplicate.
Sworn before me at the City of Toronto in the County of York this sixteenth day of
November A.D. 1880
A Commissioner for taking Affidavits in B.R. _
_______
"
"Dated 1st June, 1895
In the Matter of the S.
½ of the N. ½ of Lot
No. 21 in the 4th Con.
Township of Pickering.
Statutory Declaration
Of
John Bathurst Burk
Newsome of Law Stationers 46 & 48 Adelaide St E Toronto
Dow & McGillivray,
Whitby.
"
"Dominion of Canada
County of Ontario
In the Matter of the title of the South half of the North half of Lot Number Twenty-one in the
Fourth Concession of the Township of Pickering in the County of Ontario.
John Bathurst Burk of the Township of Pickering in the County of Ontario, Yeoman/
Do solemnly Declare, That I was well acquainted with David Wismer Witter and I know
that on the Tenth day of October, 1874, he was an unmarried man. I am also well
acquainted with William Witter, and I know that on the Twenty-seventh day of August
1875, he was, and in face he still is, an unmarried man. I am well acquainted with Sarah
Winder. Her maiden name was Sarah Witter. Her first husband was a man named
Miller, and her second husband was a man named Winger. She is now a widow.
I was also well acquainted with Lydia Witter, widow of the late William Witter. She is
now dead about six or seven years.
I have been in the quiet, peaceable and undisturbed possession of the said premises
for the last sixteen years, and there are no claims to the said property adverse to my
own, and I am now the absolute owner in fee simple of the said premises.
All taxes due on the said premises have been fully paid and satisfied and there
are no executions in the Sheriff’s hands against me.
And I make this solemn Declaration conscientiously believing it to be true and
knowing that it is of the same force and effect as if made under oath and by the virtue of
The Canada Evidence Act 1893.
Declared before me at the Town of Whitby County of Ontario this 1st day of June
A.D. 1895
Mr. A McGillivray
A Notary Public in and for the Province of Ontario
"
"Re East ½ of N ½ Lot No 22 4th con Pickering
Report of Jno E. Farewell On Title
J.D. Harrington Deed for $2.500
Two his ______Mrs Ed Thornton Bond for 2.000
James Thornton mortgage for 2.000
McKenzies Mtg .450
Pugh Mtg 1.250
"
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"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
"
County of j at
an Win:
male oath and say:
NO M wan personalty pre.eml and dud w We wim;n ImeMement and Dupl a thereof
duly nyned scald ami eaaaw by
Ow yanie> OwMo.
1W Ow mid Instrument and Apd(mfe ante arectad at
aunt � brow Ne said yrvR
aunt I am a emEar<dim9 ndEwe w Me add Inst e t and D Paaf
Nwm tef mm a t7w of
in tlw.owavy of
Inu
day of
in the year of aur Lad 189
S 0dM1II smown �
"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 therefore 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 erections and buildings, fences and gates erected or to be erected
upon 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 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
"
"AC 93-816
6, 3, 6, 86
Dated 6th Feb., 1895
Sarah J. Burk
et al
To
S. Richardson
et al
Mortgage
To secure $320000
Newson & Co Law Stationers Lmt Adeladie St. E. Toronto
for 100
Dow & McGillivray
Solicitors, Conveyancers, & c.,
Whitby
"
"County of York Co Wit.
I William Bathurts Burk of the Township of Pickering in the County of Ontario, yoeman.
1. That I was personally present and did see the within Instrument and duplicate
thereof duly signed sealed and executed by Sarah Jane Burk and John Bathurst Burk
two __
2. That the said Instrument and duplicate were executed at the Township of Whitby
by Sarah Jane Burk and at the Township of Pickering by John B. Burk
3. That I know the said parties
4. That I am a subscribing witness to the said Instrument and duplicate
H.B.R.
Sworn before me at Markham
in the County of York
this 7th day of February
in the year of our Lord 1895
H. B. Reesor
W B Burk
A Commissioner for taking Affidavits in H. C. J. Esq
"
"This Indenture
made in duplicate the Sixth day of February On thousand eight hundred and ninety Five
In pursudurt of the Act respecting short forms of Mortgages.
Between Sarah Jane Burk of the Township of Pickering in the County of Ontario,
wife of John Bathurst Burk of the same place, Yeoman, and the said John Bathurst Burk,
hereinafter called the Mortgagors of the First Part
And
Susanna Richardson of the Town of Whitby, widow, Frederick J. Richardson and
William V. Richardson of the said Township of Pickering, Squires, Executers of the
will of Joshua Richardson deceased hereinafter called the Mortgagees of the Second
Part
Witnesseth that in consideration of Three Thousand Two hundred Dollars of lawful
money of Canada, now paid by the said Mortgagees to the said Mortgagors
(the receipt whereof is hereby acknowledged) The said Mortgagors Do Grant and
Mortgage unto the said Mortgagees their successors in trust heirs executers
administrators and assigns for ever
All and Singular those certain parcels or tracts of land and premises situate lying
and being in the Township of Pickering in the the County and Province of Ontario and
Being Composed of First: The South half of the North half of Lot fourteen twentyone on
the Fourth Concession of the said Township of Pickering and Second: the East
"
"half of the North half of Lot number Twenty Two in the same Concession and Township
each parcel containing by admeasurement fifty acres be the same more or less.
Provided this Mortgage to be Void on payment of Three Thousand Two hundred Dollars
of lawful money of Canada with interest annually at Five per cent per annum as follows: -
The said principal sum it to be paid at the expiration of Five years from the date hereof
with interest at the rate aforesaid payable annually on every sixth day of February in such
year hereafter until the whole of the moneys hereby secured should have been fully paid
and satisfied And upon payment of interest on all interest in arrear as hereinafter
provided
and Taxes and performance of Statute labour.
"
"The said Mortgagors covanant with the said Mortgagees that the Mortgagors will pay
the mortgage money and interest and observe the above proviso That the Mortgagors
have a good Title in fee simple to the said lands and that they have the right to convey
the said lands to the said Mortgagees
And that on default the Mortgagees shall have quiet procession of the said lands free
from all incumbrances
And that the said Mortgagors will execute such further assurances in the said lands as
may be requisite and that the said Mortgagors have done no act to incumber the said
lands.
and that the said Mortgagors will insure the Buildings on the said lands of the amount of
not less than One thousand Dollars Currency
And the said Mortgagors do Release to the said Mortgagees all their claims upon the
said lands subject to the said Proviso provided that the said Mortgagees on default of
payment for one month may on giving one months notice in writing,and on defaulting for
three months may _____ giving any notice in writing enter on and lease or sell the said
lands for cash or on credit provided that the said Mortgagees may distain for arrears of
interest provided that in default of payment of the interest hereby ___ secured the
principal hereby secured shall become payable provided that until default of payment the
Mortgagors shall have quiet procession of the said lands.
Provided that all interest in arrear shall bear and be payable with interest at the rate
aforesaid till paid and be and the same is hereby charged on said lands.
In Whitness whereof the said parties hereto have hereunto set their hands and seals.
Signed Sealed and Delivered
In the Presence of
W. B. Burk
S. J. B. Sarah Jane Burk
"
"1896 Feby 11th Received on within and mtg $160.00 on __ of interest F.J.R.
1897 Mch 2nd Received on within mtg $ 160.00 on % of interest F.J.R
1898 May 25th Received on within mtg $ 162.88 on % of interest F.J.R
1899 May 20th Received on within m % of interest $100.00 F.J.R
1900 April 26th Recd on within on acct of interest $16000 Lucy Almond
1901 May 2nd Recd on within on acct of interest $160.00 Lucy Almond
1902 May 3 Recd on within on acct of interest $160.00 Lucy Almond
1903 May 12th Recd on within on acct. of interest $16000/100 Lucy Almond per A. W. R.
I certify that the within Instrument is duly entered and Registered in the Registry
Office for the County of Ontario in Book 336 for the Township Pickering at 1. oclock
50 minutes p.m. of the 8 day of February A.D. 1895.
Number 8459
____ Perry
1904 June 9th Recd on within on acct. of interest $160.00/100 Lucy Almond per A. W. R.
1905 Aug. 12th Recd on within on acct. of interest $160.00/100 A. W. Richardson
1906 May 18th Recd on within on acct. of interest $160.00/100 A. W. Richardson
1907 May 30th Recd on within on acct. of interest $160.00/100 A. W. Richardson
1908 May 30 Recd on within on acct. of interest $160.00/100 A. W. Richardson
L264
"
"Assignment
David Wismer Witter to John Bathurst Burk
Of
Land in Pickering
I certify that the within Instrument is duly entered and Registered in the Registry Office
for the County of Ontario in Book 164 for the Township of Pickering
10 o’clo ___ minutes A.M. of the 14th day of October A.D. 1874 Number 1909
James Draper
Deputy Registrar
Fees not paid 1.40
Stage driver
James Logie
Brougham
"
"Canada
County of Ontario
To Wit
I William John Bodell of the Township of Pickering in the County of Ontario,
Shoemaker make oath and say: That I was personally present and did see the
within named David Wismer Witter duly sign and seal and as his act and Deed
deliver the within assignment on the day of the date therof and that I his deponent
an a subscribing witness thereto
William John Bodell
Sworn before me at Pickering in the County of Ontario this tenth day of October
A.D. 1874
James Logie
A Commissioner for taking aphidavits
County of Ontario
Brougham 10th. Oct 1874
Received of John Bathurst Burk the sum of one hundred and Eighty Dollars ___being
the full consideration within named.
David Wismer Witter
James Logie
Witness
"
"Know all men by these Present that I David Wismer Witter of the Township of Pickering
in the County of Ontario, Province of Ontario and Dominion of Canada, Labourer for and
in Consideration of the sum of one hundred and Eighty Dollars of lawful money of
Canada to me in hand paid by John Bathurst Burk, of the Township of Pickering in the
County and Province of Ontario aforesaid at or before the date hereof (the receipt
whereof I do hereby acknowledge) have bargained , sold, assigned, transferred,
and set over and by these presents or bargain, sell assign, transfer and set over to
the said John Bathurst Burk his heirs and assigns all my estate, right title, interest,
claim and demand whatsoever, both at law and in equity of in and to that cetain parcel
or tract of Land and premises, situate lying and being in the Township of Pickering in
the County and Provinece aforesaid, containng by admeasurement Fify acres be the
same more or less being composed of the south half of the north half of Lot Number
twenty one in the Fourth Concession of the said Towndhip of Pickering, in the County
and Province aforesaid: To have and to hold same with all and every the benefit that may
or can be divined from the said Fifty acres on Land unto the said John Bathurst Burk,
his heirs ans assigns for ever.
In witness whereof I have hereunto set my hand and seal this tenth day of October in the
year of our Lord one thousand eight hundred and seventy four.
Sighned sealed and delivered in presents of
William John Bodell
Shoemaker
\Brougham
David Wismer Witter"
"Dated 6h Oct 1899
Susanna Richardson et al
To Lucy Almond
Assignment
OF
Mortgage
Newsome & Co Law Stationers 37 Adelaide St East Toronto
NOT TO BE REGISTERED IN FULL
Dow & McGillivray
Solrs for Assigners
Dow & McGIllivray
Barristers, Solicitors, Etc.
Whitby, Ont.
"
"NOT Registered in Full.
I certify that the within Instrument is duly entered and Registered in the Registry
Office for the County of Ontario in Book 360 for the Township Pickering at 3 clock
42 minutes PM of the 9 day of November A.D. 1899 Number 9489
Ross Johnston
Dept Regr
"
"Count of Ontario
To Wit.
I Rose Camidge of the Township of Whitby in the County of Ontario
Stenographer make oath and say:
1. That I was personally present and did see the within Instrument and duplicate
thereof duly signed sealed and executed by Susanna Richardson, Frederick J.
Richardson and William V. Richardson, three of the parties thereto.
2.That the said Insrument and duplicate were executed at the said Town of Whitby 3. That I know the said parties.
4. That I am a subscribing witness to the said Instrument and duplicate
Sworn before me at the Town of Whitby in the County of Ontario this 9th day of
November in the year of our Lord 1899
Jno,BallDow
A commissioner for taking Affidavits
Rose Camidge
"
"This Indenture made in duplicate the SIXTH day of OCTOBER in the year of our
Lord one thousand eight hundred and ninety NINE:
Between
Susanna Richardson of the Town of Whitby in the County of Ontario, Widow,
Frederick J. Richardson of the same place, Esquire, and William V. Richardson of the
Township of Pickering in the County of Ontario, Esquire, Executors of the Will of Joshua
Richardson, deceased, hereinafter called the assignors of the First Part.
And
Lucy Almond of the Township of Whitby in the County of Ontario, Widow,
hereinafter called the “assignee” of the second part.
Whereas by a Mortgage dated on the sixth day of February, One thousand eight hundred
and ninety-five registered in the Registry Office for the County of Ontario on the eighth
day of February A.D., 1895 as Number 8459, one Sarah Jane Burk of the said Township
of Pickering, wife of John Bathurst Burk of the same place, Yeoman, and the said John
Bathurst Burk did grant and mortgage the land and premises therein and hereinafter
described to the said Assignors, their heirs executors administrators and assigns for
securing the payment of Three thousand two hundred dollars and interest thereon
and there is now owing upon the said Mortgage for principal money the sum of Three
thousand two hundred dollars and interest thereon from the sixth day of February, 1899;
"
"Now this Indenture Witnesseth that in consideration Three thousand three hundred
and twenty dollars of lawful money of Canada now paid by the said Assignee to the
said Assignors (the receipt whereof is hereby acknowledged) The said Assignors
Do hereby assign and set over unto the said Assignee her executors administrators
and assigns All that the said before in part recited Mortgage and also the said sum of
Three Thousand Two Hundred dollars and interest thereon
now owing as aforesaid together with all moneys that may hereafter become due or
owing in respect of said Mortgage and the full benefit of all powers and of all covenants
and provisoes contained in said Mortgage and also full power and authority to use the
name of names of the said Assignors their heirs executors administrators or assigns
for enforcing the performance of the covenants and other matters and things contained
in the said Mortgage and the said assignor Do hereby Grant and Convey unto the
said Assignee her heirs and assigns All and Singular those certain parcel of fracts of
land and premises situate lying and being in the Township of Pickering in the County
of Ontario and Province of Ontario. Being Composed of Firstly: 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 same Concession and Township and each parcel containing by admeasurement
fifty acres of the same more or less.
"
�. a o. NaeNae.
Gegeral IY[ercl�agts,
CPMGemzoe , -
iB9e
J. a Q. pnoNn®, .
Ccegeral Merclgagtc,
m XOWr, we.
s
aa;
Ej l
I
I C�rtt/y that the mMl►e
.rurrom"t le drdn ew"r opt
fi+Fi,vrermi the ILyi.v:rpll[tuce
for the Crun u/ Cnmrin Hupk
360f", the,4* pnA.,.Iq.
at e3 ooloob 42 auautea/.3b, 1' a
j' dap .er.&-av�� A. A le 59.
Member 5; efgc? (�
Omttq
p/ of the
m at taituy :n tha Oowvy of Ont orf o.
C-o
RdeaNls Richardson, Mdertat 1. Woh. dson W
MIUM a Itlahaedsen, these of
.2.@�Avb a,9.o�an.c/�,.at�'y
ow- W soli Som of ®lttyo
3.C�ak9 ketau,-+R�da�G�td,�hf...
ACLfrm-9a,„e,
t l< y a�
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tar atP/Li-r�uF
- --
9 V p OCTOBER
�r.n: �iiL yfN! .Of'a.WaCo'GQ/ �vV/�/itoKdwKC�i U�i.��ivutC�iYP.N aN(✓T suwtG�'
EIWEL
SUSSNRA RICHARDSON of the Tom of Whitby in the County
of Ontario, Widow, pR®RRICR Je Rl ffARDSON of the same plaol Require, and
WILLIAM tw. RICHARDSON of the Township of Pickering In the County of Ontario.
pi Esquire, Reecutm-s of the Will of Joshua Richard act.. deceased, hereinafter
called the ASSIGNORS,
OF M HEST PART,
1139% till III tkm:TYoi►yefWepllip+N the eounLY of
Ontarlo, Widow,
•IMr SMI 6..' ""'�^^"^^� LaiG' 4b adMLN4G. 0/1G mom AtcoY
'104yy.���..���y a Anel v
ma#-gl W .&bigot '['I4��i.`d low Av Sixth o�of--
e GG In the Regi/ to ry Of 1� fo L a Count Ontario Son ne he eighth
S` It Mtvary, A.D., 1895, under Registration Ruder 8659, one Sarah Jane
ft%! R tb said Township a Pickering, wife of John Bathurst Burk of the
f� plane Yeoml and the said John Bathurst Wort,
c%ti llYgrtM 2w[iG � ea rt a� a v�'V(LCN.IIPJ'!Ni[GUV aMLi itPYL
µtq'(wJ [�C6oiC '% the said Assignors, their
- l'IRN"d ,P�CP�uAu�
,�ta�ttkta
Throe thousa Lm lea NeOd dollars aN Interest thenen
for princlpal money the am a Thea* thousand two hundred dollars and
Interest thereee free the sixth day of pe Gruary, 1B99;
Cow �fuo r9nd�,nh�c�ifiTey�ei� �,F.�„�„a,,,,
/0/ TBPA THCoad® MM t_ �y TFaTF BiLMW
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a s s t C e
Thras th oseni ♦?iwMrsd sellers sae Interest thereon
awuerxid/loye1--Wava&"°1Ov1OY'il'.a,F""''.ay,/u^*,ce�/`^�
became olu� or/ oun;Ky,�wrt+a fiufof,ewd .%GLo.,fgayu wuL 4fiv'.uzL.Ge,.te�;F.
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ho ,neyet N �. l' 4orlgn��CL'tt�"1R.�,awtd�CYeay„„cs
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,•:trt^ss .M•s>fNaN-td+a prG �.nc,�wue br�,«r lrP,�.fUt�•- in As Township of
Pf ckerl fn Cha County and Provided of enteric, am Being Conpoeed of
T. vM q
Firstly; The Bent% half or the-NMKh half of Lot Number Twenty-one id the
tw tlese *10 Fourth etneesefon of the said Toweahtp of Pickering; and Beecndly; The
Nast half of the Forth hvf of Lot Number Twenty-twe Jr. the same Conesssicv
da hhd Township each parcel eentsinlng by ndneeeurevent fifty acres be the
ear aoreor leu;
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