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Peter D. Verheyen, Project Manager
Debra G. Olson, Digital Project Assistant
Special Collections Research Center
Syracuse University Library
© 2003 This work is the property of the Syracuse University Library. It may be used freely by individuals for research, teaching and personal use as long as this statement of availability is included in the text.
Esquire, of the first part, and [space] of the second part, WITNESSETH, that the said Peter Smith, for and in consideration of the Rents, Covenants and Agreemetns herein after mentioned, to be paid, done and performed, HATH Granted, Demised, Leafed, Set, and to Farm-Let ; and by these presents DOTH grant, demise, lease, set, and to farm-let, unto the said part [space] of the second part [space] 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 : In a tract now called New Petersburgh, and is known, on a survey made of said tract, in 1793 and 1794, by Joseph Annis, [space]
in the [space] allotment of the same, containing in such [space] acres of land, with all and singular privileges and appurtenances thereunto belonging, or in any wise appertaining, excepting, the privilege of building Saw or Grist Mill or Mills thereon ; TO HAVE AND TO HOLD, all and singular the said demised premises, with their appurtenances, unto the said part [space] of the second part [space] heirs, executors, administrators and assigns, for and during the term of [space] years to be computed from the thirteenth day of January next ensuing the date hereof, so that the term shall be fully ended and complete, on the thirteenth day of January one thousand eight hundred and [space] YIELDING AND PAYING therefor, yearly and every year, on the first day of January in every year hereafter, [space]
Spanish Milled Dollars, or an equivalent thereto in gold or other silver coin ; and thereafter yearly and every year, on the first day of January in every year, the like sum of [space] Spanish Milled Dollars until the expiration of the said term aforesaid. --- 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 select and choose : PROVIDED such place does not exceed the distance of forty miles from the hereby demised premises. --- And the said part [space] of the second part [space] also to have well cleared and actually improved on said [space] of land within [space] from the date hereof - - - and a comfortable dwelling house built thereon, within [space] And the said party of the first part for himself, his heirs and assigns, doth covenant and agree to and with the said part [space] of the second part [space] heirs and assigns, that they or each of them, paying the rent aforesaid, and performing and fulfilling and keeping all and singular the covenants and agreements herein contained, on his and their and each of their parts, to be performed and kept, shall and may, lawfully, peaceably and quietly, have, hold, posses, occupy and enjoy the premises hereby conveyed, and every part thereof, excepting as is above excepted, for the term of aforesaid --- Without the lawful set, suit, trouble, molestation, expulsion or interruption, of or by the said party of the first part, his heirs or 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 : PROVIDED ALWAYS NEVERTHELESS, that if it shall so happen, that the rent above reserved, or any part thereof, shall be behind and unpaid by and for the space of thirty days, next after any of the stated days of payment, whereon the same ought to have been made, that then and in every such case, it shall and may be lawful to and for the said party of the first part, his heirs or assigns, or any of them, at the option of the said party of the first part, his heirs or assigns, either to prosecute for the same in some court of record, or in person, or by his or their servant or servants, bailiff or bailiffs, into the whole or any part of the premises to enter, and there to distrain, and the distress so taken to lead, drive and carry away, and the same to expose to sale at public vendue, and out of the monies arising therefrom, to deduct the rent then due in arrears, together with the costs of distress and sale, and to return the overplus (if any there be) unto the said part [space] of the second part [space] executors, administrators or assigns. --AND PROVIDED FURTHER, and these presents, and every thing herein contained, are upon this express condition, that if it shall at any time happen, that no sufficient distress can be found upon the premises, to satisfy such rent due and in arrear as aforesaid, or if any formed, fulfilled and kept, or shall be broken, THEN and in every such case, and from thenceforth, and at all times thereafter, it shall be lawful to and for the said party of the first part his heirs and assigns or any of them, into the whole of the hereby demised premises, and into every or any part thereof in the name of the whole to re-enter, and the fame, as in his and their former estate, to have again, re-possess and enjoy, and the said part [space] of the second part [space] executors, administrators and assigns, and all others thereout and from thence utterly to expel, put out and amove ; any thing in this indenture contained, to the contrary thereof in any wise notwithstanding. IN WITNESS whereof, the parties to these presents have hereunto set their hands and seals, the day and date above written.
SEALED and DELIVERED,
In the PRESENCE of
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