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This Indenture the seventh day of September in the forty-fifth year of the reign of the sovereign Lord George III by the grace of God of the United Kingdom of Great Britain and Ireland King and of Jamaica Lord Defender of the faith and so forth and in the year of Our Lord 1805 between Philip Levy of the parish of St Elizabeth in the County of Cornwall in the said Island Merchant of the one part and Henry Cerf of the said parish county and Island esquire of the other part.
Whereas in and by a Recited Indenture during or about the 20th day of May last and made between James Stewart of the parish of Vere in the County of Middlesex in the said Island Practitioner in Physic and Surgery of the first part James Hodge Byles of the parish of St Catherine County and Island aforesaid Esquire of the second part and the said Philip Levy therein particularly described of the third part reciting that the said Philip Levy had contracted and agreed with the said James Stewart for the purchase of the Coffee plantation or settlement land slaves and premises therein and hereinafter mentioned for the price or sum of £14,240 current money of Jamaica and that £5000 only of the said sum of £14,240 was intended to be paid on the execution of those presents for securing the remainder thereof the said Philip Levy had entered into and executed unto the said James Stewart 5 [?Certain] Bonds bearing sum and equal date with these presents therein particularly mentioned land further reciting that the said Philip Levy had agreed to receive the conveyance of the land premises subject to a term by way of Mortgage for further securing the payment of the several sums of money mentioned in the condition of the said Recited Bonds it is witnessed that in pursuance of the said agreement and in consideration of the said sum of £5000 current money aforesaid part of the said sum of £14,240 current money aforesaid to the said James Stewart in hand well and truly paid by the said Philip Levy the receipt whereof was thereby acknowledged and for either the consideration therein mentioned he the said James Stewart did grant and convey unto James Hodge Byles his heirs, and assigns all that Coffee plantation and settlement piece or parcel of land situate lying and being in the parish of Vere in the County of Middlesex and Island aforesaid containing 910 acres being the remaining part of 1224 acres conveyed to the said James Stewart on 31 July 1801 by John Shand and William Shand esquire willing and accordingly as therein and hereinafter is particularly mentioned together with all and singular the appurtenances and also all the Negroe or other slaves therein and hereinafter also particularly named with the future issue offspring and increase of the females of the said slaves unto the said James Hodge Byles his heirs and assigns to the several ends intents uses and purposes and with under and subject to the provisos and agreements thereinafter limited expressed declared and contained of and concerning the same, that is to say to the use and leasing of the said James Stewart his Executors administrators assigns for during and unto the full end and term of 500 years to by whence and be completed from the day next before the day of the date of these presents and from thence next recurring and fully to be completed and ended without impeachment of will but subject so worthily to the proviso or condition therein contained for avoidance determining the same term and from and immediately after the said term of 500 years and in the meantime subject therefore to the only proper use and lease of ...the said Philip Levy his heirs and assigns forever and to and upon no other use intent or purpose whatsoever,
And it was thereby provided declared expressed and assigned on by and between the parties to those present and to be the true intent and meaning of them and of those presents that if he the said Philip Levy his heirs executors or administrators some or one of them did and should well and truly pay or cause to be paid unto the said James Stewart his heirs Executors administrators or assigns this several sum of money mentioned and comprised in the condition of the several therein before mentioned Bonds or obligations in the day and times therein limited and appreciated for payment thereof with interest thereon to grow and become due thereon without any manner of deduction, defalcation or abatement whatsoever that then and in such lease the said lease of 500 years and all other the estate term and interest thereby limited in use to the said James Stewart his Executors, administrators and assigns should immediately from and after such payments should be made as aforesaid lease determines and be absolutely null and void to all intents and purposes whatsoever and it was thereby also provided and declared to be the true intent and meaning of these present and of the parties thereto that until default should happen to be made in payment of the said several sums of money and made payable in and by the conditions of the said bonds or obligations or any part thereof or of the interest thereof or of any part thereof it should and might be lawful to and for the said Philip Levy his heirs and assigns to have, hold, use, occupy, possess and enjoy the said Coffee plantation slaves hereditaments and premises thereby granted and conveyed or intended so to be with their issue and increase,[?negrit] Members and appurtenances and to receive and take the Estate issues and profits thereof to and for his and their own proper use and thereafter without any the let ....... trouble or interruption whatsoever of from or by the said James Stewart his executors administrators or assigns or any other person or persons lawfully claiming as to claim by from or under or in trust for them any of such of them any thing therein before contained to the contrary in any wise notwithstanding as is in and by the said Indenture of record in the Secretary's office of this Island [?reference] being thereunto had well app....
And whereas the said sum of £5000 currency expressed in the above [recited] Indenture to have been paid by the said Philip Levy in the execution thereof in part of the said sum of £14,240 being the sum of money agreed to be paid by the said Philip Levy for the purchase of the said Coffee plantation or settlement lands slaves and premises in the said above in part recited Indenture and hereinafter particularly mentioned described and named was accommodated and advanced unto him by the said Henry Cerf upon condition that the said Philip Levy should well and do efficiently secure unto him the repayment thereof.
And whereas as such security as well for the purpose of securing all and every such other sums of money as the said Philip Levy now doth or at any time thereafter may owe unto the said Henry Cerf his Executors administrators and assigns with lawful interest thereon the said Philip Levy hath proposed and offered unto the said Henry Cerf to grant and to convey unto him the said Coffee plantation or settlement lands, slaves, premises subject to the above in part recited Indenture and to the Trust term thereby limited and to the several provisos, articles, matters and things therein contained and subject to the proviso hereinafter contained which security the said Henry Cerf hath agreed to receive and to grant unto the said Philip Levy the term and time for the repayment of the said sum of money to as aforesaid accommodated unto such or hereinafter mentioned. Now this Indenture witnesses that in preference of the premises for the purpose aforesaid and for and in consideration of the said sum of £5000 current money of Jamaica which the said Philip Levy hereby acknowledges to have received from the said Henry Cerf at the execution of the above in part recited Indenture and from which said sum and every part thereof he the said Philip Levy doth acquaint release exonerate and for ever discharge the said Henry Cerf his heirs and assigns he the said Philip Levy hath granted, bargained, sold, aliened, revised, released, enforced, conveyed and confirmed transferred and let over by these presents doth go and bargain, sell, alien, revise, release, enforce, convey and confirm transfer and let over unto the said Henry Cerf his heirs and assigns all that the said Coffee plantation settlement piece and parcel of land situate lying and being in the parish of Vere in the County of Middlesex and Island aforesaid purchasing 910 acres being the remaining part of 1224 acres conveyed to the said James Stewart on the 31 day of July 1801 by John Thomas and William Shand esquire butting and bounding part North and West on land patented by Robert Hugh Mungo Caleb Dickenson and James Fullerton. Each part on the said James Fullerton and Moses De Jacob De Leon and part North and east on James Scrogie and now Robert Hugh Haugh esquire or howsoever otherwise the same now is were was or shall or may hereinafter be butted, bounded, drawn, distinguished or described together with all houses outhouses edifices erections buildings thereon or on any part thereof erected and built standing or being and all ways, paths, passages, water, water courses inroads under woods, trees, timber, tree fences, ditches, feeding, feeding places, Commons, and common of pasture, lights, increments, privileges, profits, commodities, emoluments, advantages, hereditaments and appurtenances whatsoever to the same belonging or in any wise appertaining or therewith or to or with the ..... usually had held, used, occupied, possessed, or enjoyed or accepted reputed deemed taken or known as part parcel or Member thereof or of any part thereof and also all those Negroe or other slaves named as follows that is to say Sterling, Joe, Bob, Frederick, Page, Lambe, Larden, Hannibal, Edinburgh, Clarance, John, York, Harry, Dick, Charles, Balcones, Scipio, Jupiter, Eileen and young child Belinda and son [?Cudjoe] or such of them as and now alive together with the offspring and increase of them being since the execution of the said herein before and in part accepted Indenture and their future issue offspring and increase and the reversion and reversions remainder and remainders yearly and other rents hereinafter profits and produce of all and singular the said premises hereby granted and conveyed as witnessed so to be and all the Estate [? Light Ville] use, trust, property, possession, inheritance, claim, and dividend whatsoever both as law and the equity of him the said Philip Levy of in and to the same and every part and parcel thereof to lease and to hold the said Coffee plantation or settlement lands, slaves and premises with the appurtenance hereby granted conveyed or intended to be together with the offspring for all increases of the females of the said slaves born since the execution of there above without recited Indenture and their future issue and offspring and increase unto the said and to for and up Henry Cerf his heirs and assigns to the only proper use on behalf of the said Henry Cerf his heirs and assigns for ever on no other the Estate term and interest in and by the above in part recited Indenture limited in use to the said James Stewart his inheritors, administrators and assign and to all and every the Covenant, provisos and agreements on the said Indenture contained and subject also to the following proviso or condition for redemption that is to say provided legally and those present are upon this express condition that if he the same Philip Levy do and shall well and truly repay or cause to be repaid to the said Henry Cerf his Executors, administrators or assigns the said sum of £5000 current money aforesaid solicit accommodated and advanced unto him by the said Henry Cerf as aforesaid with lawful interest thereon at or on 1st day of August which will be on the year of Our Lord 1806 together with all and every such other sum and sums of money as the said Henry Cerf his heirs, executors or administrators now have or at any time or times hereafter shall have lent advanced and paid accommodated or being liable or responsible for or on account of the said Philip Levy or his heirs executors or administrators with lawful interest on all land every such sum and sums of money without any deductions defalcations or abatement whatsoever that this Indenture and every article clause matter and thing herein contained shall lease, determine and be absolutely null and void to all intents and purposes any thing herein before contained to the contrary thereof in any wise notwithstanding and the said Philip Levy for himself his heirs executors and administrator doth hereby covenant promise and agree to and with the said Henry Cerf his heirs, executors, administrators and assigns in manner and form following that is to say that he the said Philip Levy his heirs executors or administrators same or one of them shall and will well and truly repay or cause to be paid unto the said Henry Cerf his executors, administrators or assigns the said sum of money so accommodated and lent with him as aforesaid with lawful interest at the day and time hereinbefore limited and appointed for the payment thereof together with all and every the sum and sums of money herein and hereby secured or mentioned or intended so to be with lawful interest therein without any deduction defalcation or abatement whatsoever and also that it shall and may be lawful to and for the said Henry Cerf his heirs, executors, administrators or assigns from time to time and at all times after default shall happen to be made of or in the payments of the sums of money secured and made payable in trust by this Indenture with lawful contract at the time hereinbefore mentioned and limited peaceably and quietly to enter in, to have, hold, use, occupy, possess and enjoy the said Coffee plantation or settlement lands, slaves and premises and the present and future issue, offspring and increase of the female of the said slaves subject as aforesaid and to receive and take the [?rents], issues and profits thereof to his and their own proper use and .... subject always nevertheless as hereinbefore mentioned without any the lawful let but trouble hindrances denial evictions ejections molestations or interruption whatsoever of from or by the said Philip Levy his heirs or assigns or any other person or persons whomsoever and also that he the said Philip Levy hath in himself at the time of therein sealing and delivery of these presents good right and full power and lawful and absolute without to grant convey and assign the said Coffee plantation or settlement lands slaves and premises with the appurtenances with the present and future issue, offspring and increase of the females of them all herein and hereby granted and conveyed and assigned or intended so to be [subject as aforesaid] unto the said Henry Cerf his heirs and assigns in manner and subject as aforesaid and according to the true intent and meaning of these presents and that free and clear freely and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved and kept harmless and indemnified of from and against all and all manner of former and other gilts, grants, sales, ind.....nts, executions, mortgages, indentures, clauses, and title of D......, conveyances, or incumbrances whatsoever [saved and excepted as aforesaid] committed done or supposedly him the said Philip Levy whereby or by reason or means whereas the same can, shall or may be the questioned, impeached or incumbered in Title charge Estate or otherwise howsoever and further that he the said Philip Levy and all and every the other person and persons whomsoever having or lawfully claiming or to claim any estate right title or interest of in or to the said Coffee plantation or settlement lands slaves and premises hereby granted and conveyed or meant mentioned or intended so to be or any part thereof shall and will from time to time and at all times hereafter after default shall be made in repayment of the said sum of £5000 so as aforesaid accommodated lent and advanced to the said Philip Levy by the said Henry Cerf and hereby secured or intended so to be and interest at the day and time hereinbefore limited for the repayment thereof or of any or either of that other sum or sums of money hereby secured and made payable or the interest or any part thereof contrary to the purport clause intent and meaning of these presents upon the reasonable request and at the proper costs and charges in either law of the said Henry Cerf his heirs, executors, administrators or assigns make do acknowledge and suffer or execute or cause or ........ or be made done acknowledged and executed all and every such further and other reasonable lawful act and acts thing and other things conveyances assignments or assurances in the law whatsoever for the further better more perfect and absolute granting, conveying assigning and assuring the said Coffee plantation and settlement lands slaves and premises in ..... and subject as aforesaid with the said Henry Cerf his heirs, executors, administrators and assigns or his or their counsel learned in the law shall be lawfully and reasonably advised devised as required and lastly this is hereby declared and agreed by and between the said parties to these presents that in the meantime and until default shall happen to be made in the payment of the said sum of £5000 hereby secured or intended so to be at the time herein before limited for the payment thereof or interest of the other sum or sums of money herein and hereby secured or same part thereof it shall and may be lawful to and for the said Philip Levy his heirs and assigns peaceably and quietly to have hold use occupy possess and enjoy the said premises hereby granted and conveyed assigned or intended so to be and to receive and take the rents, issues and profits thereof to his and their own proper use and benefit without any the lawful let l..t, trouble, hindrance, denial, ......tion, ejection, molestation or interruption whatsoever from or by the said Henry Cerf his heirs, executors administrators or of from or by any other person or persons whomsoever .
In witness whereof the said Philip Levy hath hereunto set his hand and seal the day and year first above written.
Sealed and delivered
In the presence of F.V. Rowlinson
Received the day and year first written of and from the within named Henry Cerf the sum of £5000 being the consideration money within mentioned to be passed to us. Philip Levy
Memorandum this 9th day of September 1805 personally appeared before me Francis Valentine Rowlinson subscribing witness to the execution of the within indenture or instrument in writing and made oath that he was present and did see the within named Philip Levy duly sign seal and as and for his act and deed deliver the same for other purposes within mentioned.
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