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