Eighteen Thirty-Nine

Harry Begg, Philander Colby.

Correct for 1839

Southwold in the County of Middlesex district of London and Province of Upper Canada, Rear of Lot No. 34 north of Talbot Road East containing be a measurement 26 acres.

Contract has a three year term. Farm of 26 acres has a house, shop and buildings. Rent is 10 pounds a year except in the first year Harry was to pay 6 pounds 5 shillings (provincial currency) if he cleared and fenced 6 acres. This contract does not bear any signatures.

This indenture made the third day of October in the year of our Lord

Made in Southwold in the County of Middlesex district of London and Province of Upper Canada by and between Harry Begg of Southwold aforesaid Coppersmith and Province aforesaid, Gun Smith of the other part. Witnesseth that for and in consideration of the rents, covenants, conditions and agreements hereinafter reserved and administrators and assigns one or ought to be paid, done and performed, he the said Harry Beth hath demised, leased, set, and to farm let, and by these presents doth demised lease, set and to farm let, unto the said Philander Colby, his executors and administrators all that parcel or tract of land cleared on the rear of Lot No. 34 north of Talbot Road East containing be a measurement 26 acres be the same more or less together with the log dwelling ­ hou house, the log building used as a workshop and the privilege of planting out any number of apple trees from the Nursery in any part of the orchard.

To have and to hold the said parcel or tract of land, dwelling -- house, buildings and premises herby demised unto the said Philander Colby, his executors, administrators and assign from the day of the date of these presents, for and during, and until the full end and term of three years from thence next ensuing, and fully to be complete and ended, yielding and paying therefore yearly as follows, for the first year the sum of six pounds and five shillings provincial currency besides chopping and clearing six acres new land

and huting a good and sufficient fence around it, otherwise if the aforesaid six acres are not cleared and fenced then first years rent will be ten pounds provincial currency to be paid on the first day of October 1840 and to pay during the remainder of the term three years yearly, the yearly rent or sum of ten pounds currency to be paid on the first day of October 1841 and ten pounds currency to be paid on the first day of Oct. 1842 without any deduction or abatement thereout, for or upon any account or pretense whatsoever. c the said Colby having liberty to take timber for rails off the woodland part of said rear lot No. 34 for the fencing of said six acres and repairing the other fences on said lot and of cutting beach or other timber not fit for rails or other useful purposes for fire wood for his own use where the said Harry Begg may give him liberty provided always nevertheless that if it shall happen that the said yearly rent hereby reserved, or any part thereof, shall be behind and unpaid for the space of twenty-one days next over or after either of the said days hereinbefore mentioned, and appointed for payment of the same, (being lawfully demanded) or if the said T. Colby, the executors, or administrators, shall assign over, underlet, or otherwise depart with whatsoever, without the consent of the said Harry Begg, his heirs or assigns, first had and obtained in writing under his or their hands, for that purpose; then and in either of the said cases, it shall and may be lawful to and for the said Harry Begg, his heirs, or assigns, to re-enter and the same to have again, retain, repossess and enjoy, as in his and their first and former estate, or estates, any thing herein contained to the contrary thereof in anywise notwithstanding.

And the said T. Colby doth hereby for himself, his heirs, executors, assigns, covenant, promise and agree to and wish the said Harry Begg his heirs, executors, assigns, (that is to say) that he the said P. Colby, his heirs, executors, assigns, shall and will well and truly pay or cause to be paid, unto the said Harry Begg his heirs, executors, assigns, the said yearly rent of £10 yearly payment, on or at the days or time and in the manner hereinbefore mentioned and appointed for payment thereof.

And also that he the said P. Colby, his heirs, executors, assigns, shall and will at his and their costs and charges, will and sufficiently repair and keep repaired the said dwelling – house, buildings and fences now erected, or which shall any anytime or times hereafter during the said term be erected upon the said demised premises and further, that he the said P. Colby his heirs, executors, assigns, shall and will be at all time during the said terms, cultivate and farm such part or parts of the said land and premises as now are or shall hereafter be brought into cultivation during the said term in a proper husband like manner and to surrender and yield quiet and peaceable possession of the same to the said Harry Begg or his assigns at the termination of the period aforesaid, and to pay all taxes and assessments on the premises leased.

In witness whereof the parties have hereupon to set their hand and seal this day of October in the year of our Lord one thousand eight hundred and thirty nine.