Syracuse University Library
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Gerrit Smith Broadside and Pamphlet Collection

This indenture, made the [blank] day of [blank] in the year of our Lord one thousand seven hundred ninety and [blank] between Peter Smith, of Herkemer county, merchant ...

Smith, Gerrit, 1797-1874.

Digital Edition.

This digitization project was supported by Regional Bibliographic Databases and Interlibrary Resources Sharing Program funds, awarded by the New York State Library.

Call number: Smith 726

This Indenture, Made the [blank] day of [blank] in the year of our Lord

One thousand seven hundred ninety [blank] BETWEEN PETER SMITH, of Herkemer county, merchant, of the first part, and [blank]

of the second part, WITNESSETH, that the said Peter Smith, for and in consideration of the Rents, Covenants and Agreement herein after menioned, to be paid, done and performed, HATH Granted, Demised, Leased, Set, and to Farm-Let ; and by these presents DOTH grant, demise, lease, set, and to farm-let, unto the said part [blank] of the second part, [blank] heirs executors, administrators, and assigns, ALL that certain LOT, PIECE or PARCEL of LAND, situate in Herkemer county, and state of New-York, on the south part of the Oneida Reservation ; known and distinguished by a survey, made by J. Annin, in 1793, and on a map of said lands, filed in the office of the clerk of this county, by Lot number [blank] in the [blank] allotment of New-Petersburgh, on the Oneida Reservation, [blank] Containing [blank] acres of land, with all and singular the privileges and appurtenances thereunto belonging, or in any wise appertaining.-

TO HAVE AND TO HOLD, all and singular the said demised premises, with their appurtenances, unto the said part [blank] of the second part, [blank] heirs, executors, administrators and assigns, for and during, and until the full end and term of Twenty-One Years shall have expired, calculation always, however, to be made, and the twenty-one years to be computed from the fifteenth of January, one thousand seven hundred ninety and three; so that the expiration of said term will be fully complete and end on the fifteenth of January, one thousand eight hundred and fourteen. YIELDING and PAYING therefor, yearly and every year, on the FIRST day of JANUARY, in every year hereafter, One Grain of Indian Corn, if required, until the first day of January, which will be in the year of our LORD one thousand [blank] then, and on that day to pay [blank] SPANISH MILLED DOLLARS, or an equivalent thereto in Gold or Silver Coin : And thereafter, yearly and every year, on the First day of January, the like sum of [blank] Spanish Milled Dollars, until the expiration of the said term : The rents to be paid to the said party of the first part, or to his certain attorney, heirs or assigns, at any place that he or they may then elect and choose: Provided such place does not exceed the distance of forty miles from the hereby demised premises : Provided always, and it is the true intent and meaning of these presents, and of the said parties, that it shall happen that the said rent is not punctually paid, by the space of twenty days, next over or after any of the said stated days of payment, whereon the same ought to be paid as aforesaid (the same being first lawfully demanded) that then, and from thenceforth, it shall and may be lawful, to and for the said party of the first part, or his certain attorney, heirs or assigns, to enter into and upon the said demised premises, from thence utterly to expel, remove and put out : Otherways he the said party of the first part, his certain attorney, heirs or assigns, are at the full liberty, instead of re-entering, as is before mentioned, on the said demised premises, to sue or prosecute the possessor or possessors, occupier or occupiers, for the arrearages of rent, when due, in the same manner as in other cases of debt. AND it is also fully and clearly understood, by the said part [blank] of the second part, that if, at any time, the said part [blank] of the second part, [blank] heirs or assigns, should wish to sell, or in any way or manner whatsoever, to dispose of [blank] right, title and inherit in the before demised premises, that then the said part [blank] of the second part [blank] always to make the same known to the said party of the first part, his certain attorney, heirs or assigns, for at least twenty days before such sale or disposition is made ; and if at the end of said twenty days, the said party of the first part, will not give unto the said part [blank] of the second part, as much money or other value as any other person will, then the said part [blank] of the second part (first obtaining a certificate from the said party of the first part) shall be at full liberty to sell or in any way dispose of all [blank] right and title to the same, to any person or persons [blank] may deem proper ; and the then purchaser or purchasers to be in every respect under the same restrictions, and entitled to every privilege with the said part [blank] of the second part : And if the said part [blank] of the second part should sell, or in any way dispose of all [blank] right and title to the hereby granted premises, without permission being thus obtained as aforesaid, such disposition shall be deemed contrary to the true intent and meaning of these presents ; and all the right, title and interest of the aforesaid demised premises, if so sold, shall again vest in the said party of the first part, his heirs or assigns ; and he, or his certain attorney, heirs or assigns, shall be at full liberty, and the authority is hereby vested in him, or them, to re-enter the same, as his and their former estate, any thing herein contained to the contrary notwithstanding. MOREOVER, if so it should happen, that on the before demised premises no building should be erected, nor as much as two acres of land cleared and actually improved, at the expiration of three years, next after and following the date of these presents, then the lease hereby given, and all the right, title and interest hereby granted, shall again vest in the said party of the first part, as fully as though these presents had never existed. An the said [blank] of the second part, for [blank] heirs, executors, administrators, and assigns, Doth covenant and agree, to and with the said party of the first part, that the said part [blank] of the second part shall, well and truly, pay to or cause be paid unto the said party of the first part, his certain attorney, heirs, executors or assigns, the rent as is aforesaid, payable as aforesaid, at the days and times aforesaid, and in such manner and form as herein before is limited, and appointed for the payment thereof, according to the true intent and meaning of these presents. And the said party of the first part, Doth covenant and agree, to and with the said part [blank] of the second part, that [blank] the said part [blank] of the second part, paying the rents and performing all and singular, the covenants and agreements, before, in and by these presents comprised, reserved and contained, on [blank] part and behalf, shall and lawfully may, peacefully and quietly, have, hold, occupy, possess and enjoy, the said [blank] of land, herein before granted, and demised, with the assigns, or of, or by any other person or persons, whomever, lawfully claiming or to claim, by from or under him, or by, or with his privity, assent, consent or procurement. -- In witness whereof, the parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written.

SEALED and DELIVERED,
In PRESENCE of