Name/Title
Mortgage from Mary McNeil to John Baird JuniorEntry/Object ID
2013.57.21Scope and Content
Mortgage from Eustache Barbara of Pakenham to John Baird of Ramsay for 200 pounds. It is one large page folded to make two. Written in black ink on white paper.
Transcription of artifact is as follows:
This Indenture made the Fifth day of March in the year of our Lord one thousand eight hundred and forty nine, in persuance of the Act to facilitate the conveyance of Real Property; Between Eustache Barbara of the Township of Packenham, in the District of Bathurst and province of Canada, Yeoman, of the one part; and John Baird of the Township of Ramsay in the District and Province aforesaid, Esquire, of the other part: Whereas the said Eustache Barbara by his Bond or obligation bearing even date herewith, stands bound to the said John Baird in the penal sum of two hundred pounds of lawful money of Canada to be paid to the said John Baird or his certain Attorney, Executors, Administrators or assigns, with a condition thereunder written for the payment of the sum of seventy five pounds with lawful interest thereon on or before the first day of January [“February” was originally written then crossed out] which will be in the year of our Lord one thousand eight hundred and fifty one, Now this indenture witnesseth that the said Eustache Barbara in consideration of the said Debt or sum of seventy five pounds of lawful money of Canada aforesaid and for the better securing of the payment thereof, with interest as aforesaid, according to the condition of said Bond, and also in consideration of the further sum five shillings of lawful money of Canada now paid by the said John Baird to the said Eustache Barbara (the receipt whereof is hereby by him acknowledged) he the said Eustache Barbara doth grant unto the said John Baird his Heirs and assigns for ever All and singular that certain Tract or Parcel of Land and Premises situate lying and being in the Township of McNab in the County of Renfrew in the District of Bathurst and Province of Canada being composed of the rear half of Lot Number Five in The Conception of the said Township of McNab, containing by admeasurement one hundred acres be the same more or less; Save and except one acre on the North West corner of said half Lot to have and to hold the said Tract or Parcel of Land hereby granted or intended to be so, to him the said John Baird his heirs and assigns forever: Provided always, nevertheless, and it is the true intent and meaning of these presents, and the parties hereunto, that if the said Eustache Barbara his Heirs, Executors or Administrators do and shall well and truly pay, or cause to be paid to the said John Baird his Heirs Executors Administrators or assigns the said sum of seventy five pounds of lawful money aforesaid, with interest, as aforesaid, on or before the first day of January [the word “February” was originally written then crossed out] which will be in the year of our Lord one thousand eight hundred and fifty one without any deduction, defalcation or abatement whatsoever, then and from thenceforth these presents and every matter and thing herein contained shall cease and be utterly null and void, anything to the contrary thereof herein contained notwithstanding Provided always and it is hereby agreed between the said parties to these present that if default shall happen to be made in payment of the said sum of seventy five pounds of lawful money as aforesaid, with interest as aforesaid, or any part thereof at the time aforesaid appointed for the payment thereof, then it shall be lawful for the said John Baird his Heirs or assigns, either immediately after such default, or at any time or times thereafter, either forthwith to foreclose the equity of redemption of the said Eustache Barbara, of, or in the said premises, without any hinderance molestation or opposition, to be made therein by the said Eustache Barbara his Heirs or assigns, or at the election of him the said John Baird his Heirs or assigns to make sale and absolutely dispose of all and singular the said tract or parcel of land and premises, or any part thereof, either together or separate parcels by public auction or sale in publishing the time and place of such sale for twenty one days in some Newspaper published within the District in which the said Land is situate and at or for such price or prices, sum or sums of money as he or they may or shall judge sufficient, and at such sale or sales,to buy in the same, or any part thereof, and resell the same without being answerable for any loss thereby to be sustained, and to convey and assure all and singular the premises so sold, to and to the use of the person or persons purchasing the same, his, her or their Heirs, appointees or assigns forever freed and absolutely discharged from all equity and right of redemption whatsoever of or by him the said Eustache Barbara his Heirs or assigns or any other person or persons. And it is further agreed that after such sale or sales respectively are made and perfected, the monies arising from such sale or sales (after deducting the costs and expenses attending such sale or sales and conveyances) shall be applied to the full payment of the said sum of_____[Blank Space]pounds with interest as aforesaid, and the overplus if any shall be paid to the said Eustache Barbara his Executors Administrator or assigns; and further that after such full payment as aforesaid, the said John Baird his Heirs or assigns shall and will at the request and at the costs and charges of the said Eustache Barbara his heirs or assigns, revise, release assign and convey without by Deed without covenants all such parts of the said premises as shall not have been sold or disposed of for the purpose aforesaid, unto and to the use of him the said Eustache Barbara his Heirs, Appointees or assigns; and the said Eustache Barbara his Heirs, Executors and Administrators do hereby covenant, promise, grant and agree to and with the said John Baird his Heirs, Executors, Administrators and assigns in manner following, that is to say, that he the said Eustache Barbara his Heirs, Executors Administrators, or some or one of them, shall and will, well and truly pay, or cause to be paid to the said John Baird, His heirs, executors Administrators or assigns, the said sum of [blank] pounds with interest, as aforesaid, on or before the day or time hereinbefore limited for the payment thereof, without any deduction, defalcation or abatement whatsoever as aforesaid; And that he hath the right to convey the said Lands to the said John Baird notwithstanding any act of him the Eustache Barbara and that the said John Baird from time to time, and at all times after default, if any should happen to be made in payment of the said sum of pounds with interest as aforesaid shall have great possession of the said lands: And further the said Eustache Barbra at any time or times, here after, after default, if any should happen to be made, in payment of the said sum [Blank] Pounds With interest as, or any part thereof, contrary to the proviso and covenant hereinbefore in that behalf contained, will execute such further assurance of the said Lands as may be requisite And lastly it is covenanted and agreed upon by and between the parties to these presents, and it is hereby declared to be the true intent and meaning hereof, that until default shall be made in payment of the said sum of pounds with interest as aforesaid, at the time hereinbefore limited for the payment thereof it shall and may be lawful for the said Eustache Barbara his heirs executors Administrators and assigns, peaceably and quietly to have, hold, occupy, possess and enjoy all and singular the said premises above granted, with the appurtenances thereof, and to have, reserve and take the rents, issues and profits thereof to his or their own use benefit and behoof anything therein contained to the contrary thereof notwithstanding-
In witness whereof the said parties hereto have hereunto set their hands and seals-
Signed Sealed & delivered in presence of
John Baird Jr.
Matthew Baird
[the following is written on the back of the document, or the left side of the front page]
1857
January 3rd Received in part payment of the [unknown word] [pound sign] 70 day seventy pounds currency which for [unknown word] part by James M Lachlen on behalf of Eustache Barbara
Mortgage from Eustache Barbara to John Baird Esquire [there is writing in pencil on the panel below, but it is too faded to read]
Received on the day and year within mentioned of and from the therein named John Baird the sum of pounds of lawful money of Canada, being the debt within mentioned, and also the sum of five shillings, being the further consideration therein specified to be paid by him to me
In presence ofCollection
Rosamond Woolen Company CollectionCataloged By
Gervais, SarahLexicon
Nomenclature 4.0
Nomenclature Secondary Object Term
LetterNomenclature Primary Object Term
CorrespondenceNomenclature Sub-Class
Other DocumentsNomenclature Class
Documentary ObjectsNomenclature Category
Category 08: Communication ObjectsArchive Details
Date(s) of Creation
Mar 5, 1849Location
Location
Container
Box 5Shelf
Shelf 19Room
Collections RoomBuilding
M.V.T.M.Category
PermanentDate
November 7, 2023Location
Container
Box 2Shelf
Shelf 7, Shelf 7Room
Collections RoomBuilding
M.V.T.M.Category
PermanentMoved By
Whit, ElizabethDate
July 1, 2017Location
Container
Box 5Shelf
Shelf 19, Shelf 19Room
Collections RoomBuilding
M.V.T.M.Category
PermanentMoved By
Whit, ElizabethDate
July 1, 2017Relationships
Related Person or Organization
Person or Organization
McLachlan, JamesPerson or Organization
Baird, JohnPerson or Organization
Baird, WilliamPerson or Organization
Barbara, EustacheGeneral Notes
Note
Status: OK
Status By: Cotter, Ellen
Status Date: 2022-02-08Created By
admin@catalogit.appCreate Date
May 23, 2015Updated By
admin@catalogit.appUpdate Date
November 11, 2023
