Name/Title
James Metcalfe and Robert Metcalf LeaseEntry/Object ID
2014.07.16a-eScope and Content
This document records the indenture of the lease for James and Robert Metcalfe of Almonte Ontario. Document stamped with Fraser & Kirkland Barristers Almonte.
Transcription:
THIS INDENTURE, made in duplicate this thirtieth day of July in the year of our Lord one thousand eight hundred and ninety seven.
IN PERSUANCE OF THE ACT RESPECTING SHORT FORMS OF LEASES:
Between,
JAMES METCALF and ROBERT METCALF of the town of Almonte in the County of Lanark, manufacturers, hereinafter called the Lessors, of the first part.
FRANK SCANTLION of the Village of Lanark in the County of Lanark, gentleman, hereinafter called the Lessee, of the Second Part
- And -
WILLIAM BAIRD of the town of Carlton Place in the County of Lanark, merchant, executor of the last will and testament of WILLIAM STEVENSON, deceased, of the Third Part:
WITNESSETH that in consideration of the rents, covenants, and afreements hereinafter reserved and contained on the part of the said lessee his executers administrators and assigns to be paid, observed and performed, the said Lessors have demised and leased and by these presents do demise and lease unto the said Lessee, his executors administrators and assigns:-
ALL AND SINGULAR that certain parcel or tract of land and premises situate lying and being in the said town of Almonte being composed of all that part of lot Letter "E" on Main Street on Coleman's Island in the said town of Almonte as shown by the registered plan of said town made by E.T. Wilkie P.L.S. heretofore used and occupied by one David Shepherd as and in connection with the shoddy mill business carried on by him being the strip of land to the South of the saw mill building erected on said lot: together with ingress, egress and regress with horses, vehicles and on foot for all necessary purposes; and also the right to have power sufficient to drive two Garnett machine and one Rag machine or Picker; and one line of Shafting connected therewith:-
To have and to hold said demised premises, power &c for and during the term of four years and five months to be computed from the first day of August A.D. 1897 and from thenceforth next ensuing and fully to be completed and ended.
YIELDING AND PAYING THEREFORE yearly and every year during the term hereby granted unto the Lessors their executors administrators or assigns the sum of three hundred dollars to be payable on the following days and times, that is to say:- quarterly on the first days of the months of October, January, April and July in each and every year during the said term and the balance of said rent at the expiration of the said term without any deduction, defalcation or abatement whatsoever; the first of such payments to be made on the first day of October next.
AND THE SAID LESSER COVENANTS with the said LESSORS,
TO pay rent.
AND THAT the said Lessors may enter and view state of repair:
AND that the said Lessee will repair according to notice:
AND will not assign or sub-let without notice
AND will not carry on on said premises any business or occupation whatsoever which may be offensive or annoying to the said Lessors or their assigns.
AND THAT he will leave the said premises in good repair.
AND it is covenanted and agreed by the between parties hereto of the first and second parts that the said Lessors, their executors or administrators will at their own costs and charges keep in place the necessary flume to supply motive power for the said business of shoddy mill employing the machines above mentioned; and the water wheel; and the shafting necessary for said business.
AND it is further covenanted and agreed by and between the parties hereto that if the said shoddy mill building shall be destroyed or so much injured as to become unfit for the purposes for which the said Lessee uses them by fire or other casuality(sic) not caused by the wilful default or neglect of the Lessee or his executors, administrators or assigns, at an time during the said term, then the said term shall cease and the current quarter's rent shall be duly apportioned and the due proportionate part thereof shall be at once due and payable.
IT is understood and agreed that the said Lessee his executors, administrators or assigns shall have the right and privilege of removing at the end or sooner determination of the term hereby granted all machinery, erections , goods and chattels owned or placed by him or them on the said premises.
And also that the said Lessors are to have the right, liberty and privilege of entering the premises hereby demised or intended so to be from time to time and at all times to start the water wheel used for driving said shoddy mill machinery the same water wheel being used by the Lessors for their business as is used for driving said machinery.
Provisio for re-entry by the said Lessors payment of rant or non-performance of covenants.
THE said Lessors covenant with the Lessee for quiet enjoyement.
It is also understood and agreed that in case of low water in any year the Rag Machine or Picker is not to be driven or run from four o'clock in the afternoon until seven o'clock in the forenoon of the next day.
PROVIDED and it is afreed that the said Lessee shall have the right and privilege of terminating the term hereby granted and this lease at any time on giving six months notice in writing of his intention to so terminate the same.
AND the said party of the third part of the mortgagee of the said premises hereby consents to the said term being granted by the Lessors to the Lessee.
Provided and it is agreed that in case the Lessors are desirous of making changes or repairs on said premises (not inconsistent with the terms and intent of this lease) they shall be have the privilege of doing so on the following terms :- they shall give the lessee notice in writing of their intention and wish to make such repairs, and he shall thereupon within two weeks give to the lessors notice in writing xx(sic) specifying a date not more than six weeks from the date of his notice when the Lessors shall be at libery to enter on said premises for the purposes of making such repairs and changes, which shall not however entitle the Lessors to be upon said premises for a longer period than one week from the date of such entry.
AS WITNESS the hands and seals of said parties the day and year first above written.
Signed and delivered in presence of,
(signatures)
G. Kirkland. By J. Metcalf, R. Metcalf and F. Scantlion and in presence of Colin (unreadable) by William Baird.
(signatures)
James Metcalf
Robert Metcalf
F. Scantlion
William Baird
Exch. W. Stevenson
[end]Collection
DocumentCataloged By
Fournier, SarahLexicon
Nomenclature 4.0
Nomenclature Secondary Object Term
DeedNomenclature Primary Object Term
MunimentNomenclature Sub-Class
Legal DocumentsNomenclature Class
Documentary ObjectsNomenclature Category
Category 08: Communication ObjectsArchive Details
Date(s) of Creation
1897Archive Size/Extent
5 pagesArchive Notes
Date(s) Created: July 30th, 1897Location
Location
Container
Archive Box 2Shelf
1Cabinet
Archive CupboardRoom
Collections RoomBuilding
M.V.T.M.Category
PermanentDate
November 7, 2023Location
Container
1Shelf
1, 1Room
Collections RoomBuilding
M.V.T.M.Category
PermanentMoved By
Fournier, SarahDate
February 21, 2017Location
Container
Box 3Cabinet
Red SideboardRoom
Collections RoomBuilding
M.V.T.M.Category
PermanentMoved By
Fournier, SarahDate
February 21, 2017General Notes
Note
Status: OK
Status By: MacMillan, Lindsay
Status Date: 2020-11-26Created By
admin@catalogit.appCreate Date
February 22, 2017Updated By
admin@catalogit.appUpdate Date
November 11, 2023
