Jamaican Family Search Genealogy Research Library

L. O. S. [Liber Old Series] 706 Folio 148

£5 [Stamp]

This Indenture made the seventeenth day of September in the year one thousand eight hundred and twenty one between Maximilian Joseph Wolff of Edinburgh plantation in the parish of Manchester in the County of Cornwall in the island of Jamaica now in London in England planter of the one part and Henry Cerf late of the parish of St. Elizabeth in the said County of Cornwall in the said island of Jamaica but now of Worton Hall in the county of Middlesex in England esquire, Judah Cohen of Leman street Goodman Fields in the said county of Middlesex, merchant, Andrew Cohen of Woburn Place, Russell Square in the said county of Middlesex, merchant, Alexander Hiam Cohen late of Brixton in the county of Surry in England but now of Kingston in the said island of Jamaica merchant, and Judah Hymen Cohen of Mansell street Goodman Fields in the said county of Middlesex of the other part. Whereas the said Henry Cerf being seized and possessed in fee simple of and in the plantation lands slaves and hereditaments hereinafter mentioned did by Indenture bearing date the first day of August one thousand eight hundred and seventeen and made between the said Henry Cerf of the one part and the said Maximilian Joseph Wolff of the other part for certain valuable considerations therein [?entrusted] granted, express and convey unto the said Maximilian Joseph Wolff his heirs and assigns one full undivided moiety in equal half part the whole into two equal parts being recorded of and in all that plantation piece or parcel of land situate lying and being in the parish of Manchester formerly part of the parish of Vere in the said island of Jamaica commonly called and known by the name of Edinburgh containing three hundred and fifty acres or thereabout be the same more or less and abutting and bounding northerly those of T.... Naigle and since on Henry Morgan, easterly on William Burt Wright, southerly on Robert Crawford and f .....wood and westerly on Robert Crawford and Thomas Elliott together with the like part or share of and in the appurtenances and of an in all the those several male and female negro and other slaves upon or belonging to the said plantation whose names were mentioned set down and contained in the schedule to the now reciting Indenture conveyed or thereunder written and amounting in number to 10 and of and in the future offspring and increase of the females thereof and of every of them to hold the same with and to the use of the said Maximilian Joseph Wolff his heirs and assigns for ever and whereas since the date of the above in part recited Indenture the said Henry Cerf and Maximilian Joseph Wolff have purchased further interest benefit as owners acts for the use of the said plantation eleven male and female slaves the title deeds relating to which said mentioned slaves are now in the island of Jamaica so that a full and accurate description of them cannot be herein inserted, but the said last mentioned slaves have been purchased of and from Robert Allwood William Black Alexander Abrahams and E...Banks esquire and have been conveyed by them respectively to the said Henry Cerf and Maximilian Joseph Wolff by conveyance duly enrolled in the said island of Jamaica and such new purchased slaves together with those comprized in the above recited Indenture and the issue thereof respectively now living amount in number to fifty six or thereabout and whereas by Indenture bearing date the fourteenth day of September now instant and made between the said Henry Cerf of the one part and the said Maximilian Joseph Wolff of the other part for certain valuable considerations in the said last mentioned Indenture expressed he the said Henry Cerf did grant express and convey unto the said Maximilian Joseph Wolff his heirs executors administrators and assigns the remaining moiety and all other the Estate share right title and interest of the said Henry Cerf of and in the said plantation lands hereditaments slaves issue and premises and also of and in the said cattle stock utensils and materials whatsoever belonging or appertaining to the said plantation or used or enjoyed therewith as in the said within reciting Indenture or particularly mentioned to hold the same into and to the use of the said Maximilian Joseph Wolff his heirs Executors administrators and assigns for ever and whereas the said Maximilian Joseph Wolff stands justly and truly indebted unto the said Henry Cerf, Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen in the sum of five thousand pounds of sterling English money as he doth hereby admitt and acknowledge and not being prepared immediate to pay the same he hath requested the said Henry Cerf, Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen to grant him the time hereinafter expressed for payment thereof which they have hesitated to do upon having the payment thereof secured by a mortgage of the plantation lands slaves hereditaments issue and premises hereinbefore referred to and also by the Bond of the said Maximilian Joseph Wolff and the said Maximilian Joseph Wolff has accordingly agreed to grant such Mortgage and Bond in the manner hereinafter mentioned and whereas in half part named of the said acquisition by a certain Bond or writing obligating unto his hand and seal deliver at whatsoever date with these presents and to be executed immediately after the Executors thereof the said Maximilian Joseph Wolff will be constituted unto the said Henry Cerf, Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs executors administrators and assigns of the said sum of five thousand pounds limit and in the payment to them the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs Executors administrators and assigns of the said sum of five thousand pounds and interest for the same after the rate at the time and in manner therein and hereinafter mentioned and set forth true this Indenture witnesseth that in further pursuance of the said recited agreement and for and in the consideration of the sum of five thousand pounds of sterling English money so due and owing from the said Maximilian Joseph Wolff to the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen he the said Maximilian Joseph Wolff hath granted bargained sold aliened devised altered expressed conveyed assigned and confirmed and by these presents may grant bargain sell alien devise alter express convey assign and confirm with the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs Executors administrators and assigns all that the said plantation piece or parcel of land situate lying and being in the parish of Manchester formerly part of the parish of Vere in the said Island of Jamaica commonly called or known by the name of Edinburgh and hereinafter then particularly described together with all houses outhouses edifices erections and buildings on the said plantation piece or parcel of land standing and being erected and built and of and in all ways paths passages water, water courses, well, and wells of water, feedings, feeding places, fishing, fishing places, ponds, woods, under woods, trees, timber trees, hedges, ditches, fences, enclosures, common and commons of pasture, lights, covenants, privileges, profits, commodities, emoluments, advantages, hereditaments, rights, members and appurtenances whatsoever to the said plantation lands hereditaments and premises or any part or part thereof belonging or in any wise appurtaining therewith into or with the same or any part thereof heretofore usually had held occupied possessed and enjoyed or accepted expected or received taken or known as part parcel or number thereof or of any part thereof and also in order the said several male and female slaves negro and other slaves issue or belonging to the said plantation at what same slaves purchased or acquired as aforesaid and being in number 56 or thereabouts and the future issue offspring and increase of the females of the said slaves and every of them and the reversion and the reversions remainder and remainders yearly or other rents issues profits and produce of the said several hereditaments and premises and every part thereof and all and singular the stock cattle utensils implements or materials whatsoever belonging or appertaining to the said plantation or used or employed therewith and all the Estate rights title interest use trust possession inheritance property benefit claim and demand whatsoever both at Law and in equity of him the said Maximilian Joseph Wolff of into or out of the same together with all deeds muniments instruments and other evidence of title relating to the said plantation lands hereditaments slaves stock and premises hereby conveyed or intended so to be which now are or hereafter may be in possession or lawful power of him the said Maximilian Joseph Wolff his heirs Executors administrators or assigns or which he or they can or may procure without action or suit at Law or in equity to have and to hold the said plantation lands slaves hereditaments stock and premises hereby conveyed or mentioned or intended so to be held these and every of their rights members and appurtenances and the future issue offspring and increase of the females of the said slaves and the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs Executors administrators and assigns to the only proper use of the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs Executors administrators and assigns for each subject nevertheless to the proviso or condition or agreement for the redemption and reconveyance of the said premises as or hereinafter contained that is to say provided always nevertheless and is or hereby agreed and declared by and between the said parties to these presents that if the said Maximilian Joseph Wolff his heirs Executors administrators or assigns shall will do well and truly pay or cause it be paid and the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs Executors administrators or assigns upon the Royal Exchange of the City of London or elsewhere in the same City the full sum of five thousand pounds of sterling English money upon the seventeenth day of September which will be in the year of Our Lord one thousand eight hundred and twenty four or at any time previous thereto without making any deduction defalcation or abatement whatsoever out of the same or any part thereof for or in respect of any tax or charges assessments or impositions whatsoever already taxed charged expressed or imposed or which shall or may at any time or times hereafter be taxed charged assessed or imposed of the said plantation lands hereditaments slaves and increase of the future issue and offspring of the female of the said slaves or any part thereof or the occupiers thereof or any part thereof or ......the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen the Executors administrators or assigns for or in payment thereof or upon the said five thousand pounds or any part thereof by [?right for the acquisition any ........... for them whatsoever] and also do and shall in the mean time and until the said fore mentioned sum of five thousand pounds shall be fully and well and truly or cause to be paid to the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs Executors administrators or assigns interest upon the same at the rate of six pounds per cent per annum by even and equal half yearly payments on the seventeenth day of March and seventeenth day of September in every year free and clear of and from all manner of deductions and abatements whatsoever as aforesaid the first of such half yearly payments to be made on the seventeenth day of March which will be in the year one thousand eight hundred and twenty two and such interest to be paid from time to time in the said island of Jamaica there and from thenceforth the repayments shall cease and become void and these also the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs executors administrators or assigns shall and will at the request [?cash all] charges of the said Maximilian Joseph Wolff his heirs executors administrators or assigns respectively convey and issue the said plantation lands hereditaments slaves stock and premises hereby granted and conveyed or intended so to be with them and every of their appurtenances with and to the use of the said Maximilian Joseph Wolff his heirs executors administrators or assigns or as he or they shall direct or appoint free from all incumbrances in the mean time hath made done or committed by the said Henry Cerf, Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs executors administrators or assigns or any other person or persons ...........claiming or .....by from or under or in trust for him them or any of them and the said Maximilian Joseph Wolff for himself his heirs executors and administrators doth covenant possess acclaim and agree to and with the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs executors administrators or assigns by these presents in manner following that is to say that the said Maximilian Joseph Wolff his heirs executors administrators or assigns same or one of them shall and will without any deduction or abatement whatsoever for ever or otherwise as aforesaid well and truly pay or cause to be paid unto the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs executors administrators or assigns the sum of five thousand pound of sterling English money and also interest for the same after tax rate of six pounds for every one hundred pounds by the year on the several days and times and at the places and in manner hereinbefore inscribed and appointed for payment thereof according to the proviso or condition herein before contained and the true intent and meaning of these presents and the said Maximilian Joseph Wolff for himself his heirs executors administrators doth further covenant promise declare and agree to and with said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs executors administrators and assigns by these presents in manner following that is to say that he the said Maximilian Joseph Wolff now is and standeth lawfully and rightfully seized of and in or well entitled unto the said plantation lands hereditaments slaves and premises hereby granted and conveyed or intended so to be held to these and every of these appurtenances in of and in or good true perfect absolute indefeazible Estate of Inheritance in fee simple in possession and of and in the said stock cattle utensils implements and materials absolutely and indefeazibly without any manner of constitution use trust power of revocation limitation of use or uses or other use and matter or thing whatsoever which can or may alter change charge revoke determine make bold or incumber the same or any part thereof and also that he the said Maximilian Joseph Wolff now hath in himself good right full power and lawful and absolute authority by these presents to grant and express convey and confirm the said plantation lands hereditaments slaves stock and premises mentioned to be hereby granted and conveyed with these and every of these rights mentioned and appurtenances and the issue of the females of the said slaves unto and to the use of the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs executors administrators and assigns in manner aforesaid and according to the true intent and meaning of these presents. And further if default shall happen to be made of or in payment of the said sum of five thousand pounds or the interest thereof or of any part of the same unto the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs executors administrators and assigns at the days and times in manner hereinbefore appointed fee payment thereof contrary to the here intent and meaning of the proviso or agreement hereinbefore for that purpose contained there and from thenceforth or shall and may be lawful to and for the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs executors administrators or assigns respectively from time to time and shall herein thereafter peaceably and quietly to enter into and upon and to have hold accompany possess and enjoy the said plantation lands hereditaments slaves issue stock and premises hereby granted and conveyed or intended so to be with these and every of these appurtenances to have receive and take the same issue and profits thereof to their own use without the [?let ....] make molestation embarrass and exception execution hindrance denial demise or [?decrease] whatsoever of him or by the said Maximilian Joseph Wolff or his heirs or any other person or persons whomsoever and that free and clear and freely and clearly acquitted executed and discharged or otherwise from time to time and at all times hereafter will and suffered used saved defended kept harmless and indemnified by the said Maximilian Joseph Wolff his heirs executors or administrators or said or one of them of from and against all further and other gifts grants bargains sales leases mortgages trusts conveyances ... ............ proviso conditions judgements extent executions[?perfectures] and of from and against all other tolls charges and incumbrances whatsoever and moreover that he the said Maximilian Joseph Wolff or his heirs Executors administrators and assigns and all and any other person or persons whomsoever having or lawfully or equitably claiming or who shall or may at any time or times hereafter have a lawfully or equitably claim any Estate rights to title of interest of into or out of the said plantation lands hereditaments slaves stock and premises hereby granted and conveyed or intended so to be or any part or parts thereof shall and will from time to time and at all times after default shall happen to be made in payment of the said sum of five thousand pounds or of the interest thereof or of any part thereof or parts of the same respectively contrary to the true intent and meaning of the proviso or agreement hereinbefore for that purpose contained upon the reasonable request of the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs executors administrators or assigns but at the proper cash and charges in the law of the said Maximilian Joseph Wolff his heirs Executors administrators and assigns make do acknowledge levy suffer and execute or cause or procure to be made done acknowledged levied suffered and executed all and every such further and other lawful and reasonable act and acts deed and deeds conveyance and allowances in the law whatsoever for the further better and more perfectly and absolutely conveying and assuring all and singular the plantation lands hereditaments slaves stock and premises hereinbefore mentioned or intended to be hereby granted with these and every of these appurtenances unto and to the use of the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs executors administrators or assigns respectively for ever freed and absolutely discharged of and from the proviso or agreement hereinbefore contained and of and from all and all other powers provisos rights equity and benefit of redemption whatsoever as by the said Henry Cerf Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs executors administrators or assigns respectively or these or any of their Counsel learned in the Law shall be reasonably advised devised or required. And is so hereby agreed and declared between the said parties to these presents that unless default shall happen to be made of or in payment of the said sum of five thousand pounds or of the interest thereof or of some part thereof contrary to the here intent and meaning of the proviso or agreement hereinbefore contained it shall and may be lawful to and for the said Maximilian Joseph Wolff his heirs Executors administrators and assigns peaceably and quietly to have hold use occupy possess and enjoy the said plantation lands hereditaments slaves stock and premises hereby conveyed or intended so to be and to have and receive the rents issued and profits thereof and of every part and parcel thereof to and for his and their own proper use and benefit without the let [?seal] hindrance molestation interference eviction denial claim or demand whatsoever of or by the said Henry Cerf, Judah Cohen, Andrew Cohen, Alexander Hiam Cohen, and Judah Hymen Cohen their heirs executors administrators or assigns or of any other person or persons whomsoever claiming or to claim by from or under them or any one or other or more of them and the said Maximilian Joseph Wolff hath made ordained nominated constituted and appointed and by these presents doth make ordain nominate constitute and appoint and in his place and shall put and depute the said Alexander Hiam Cohen and also Nathan Joseph of Kingston in the said island of Jamaica gentleman his true and lawful attornies and attorney jointly or either of them severally to acknowledge the hand and seal of him the said Maximilian Joseph Wolff hereto as his act and deed before the Registrar or Registrars or other proper officer or officers in the said island of Jamaica in order that this Indenture may be registered and inscribed according to the Laws and Constitution of the said island of Jamaica where the same may be requisite or necessary and for the said Maximilian Joseph Wolff and in his name or otherwise to make do and execute all such acts and things as they the said attornies or other of them that think proper and requisite to be done and as he the said Maximilian Joseph Wolff might or could do for affecting or effectuating the purposes aforesaid of personally present he the said Maximilian Joseph Wolff hereby ratifying and confirming all and whatsoever his said attornies or either of them shall lawfully do or cause to be done in the premise by value of these presents attorneys

Whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written

M J Wolff Judah Cohen Alexander H Cohen

Henry Cerf Andrew Cohen J H Cohen

Signed sealed and delivered being first duly stamped

By the within named Maximilian Joseph Wolff Henry Cerf

Andrew Cohen and Judah Hymen Cohen in our

Presence Benja Nind ...... Throgmorton Street

Chas R. Fell his clerk

Signed sealed and delivered by the within named Judah Cohen

In his presence Benja Nind Throgmorton Street, Chas R. Fell his clerk

Signed sealed and delivered by the within named Alexander Hiam Cohen in the presence of J. Dawson

Recited Be it remembered that on the 14^th day of January 1822 personally appeared before me James Dawson one of the subscribing witnesses to the due execution of the within indenture who being duly sworn made oath that several parties and didst see the within named Alexander Hiam Cohen sign seal and as and for his proper act and seal deed action the same further purpose therein mentioned M. Hewitt

Charles R Fell clerk to Benjamin Nind and William Henry Catterill of Throgmorton street in the city of London gentleman maketh with and saith that he this deponent was present and did see Henry Cerf late of the parish of St Elizabeth in the county of Cornwall in the island of Jamaica but now of Worton Hall in the county of Middlesex England Esquire did sign and seal and as his act and deed deliver the Indenture deed of conveyance hereunto annexed and marked with the letter A bearing date the fourteenth day of September instant and made between the said Henry Cerf of the one part and Maximilian Joseph Wolff of Edinburgh plantation in the parish of Manchester in the county of Cornwall in the island of Jamaica and in London England planter the other part and that he this deponent was also present and did see the said Maximilian Joseph Wolff duly sign and seal and as his act and deed deliver the Indenture of Mortgage hereunto also annexed and marked with the letter B bearing date the seventeenth day of September instant and made between the said Maximilian Joseph Wolff of the one part and the said Henry Cerf Judah Cohen of Leman street Goodman Fields in the said county of Middlesex merchant Andrew Cohen of Woburn Place Russell Square in the said county of Middlesex merchant Alexander Hiam Cohen late of Brixton in the county of Surry in England but now of Kingston in the said island of Jamaica merchant and Judah Hymen Cohen of Mansell street Goodman Field in the county of Middlesex merchant of the other part and this deponent further with that the named Henry Cerf subscribed against the seal of the first mentioned Indenture of the fourteenth instant in the proper handwriting of the said Henry Cerf and that the named M J Wolff subscribed opposite one of the seals attached to the said Indenture of Mortgage of the seventeenth instant is the proper hand writing of the said Maximilian Joseph Wolff and that the name Benja. Nind and Chas R Fell subscribed to each of the said Indenture respectively as as witnesses to the signing making and delivery thereof respectively by the said Henry Cerf and Maximilian Joseph Wolff respectively are the proper handwritings of the said Benjamin Nind and of this deponent in both of whose presence the said Indenture were severally signed sealed and delivered as aforesaid

Sworn at the Mansion House in the

City of London aforesaid this eighteenth

Day of September 1821 before me

John Thos. Thorp ..Mayor

To all to whom these presents shall come I John Thomas Thorp Lord Mayor of the City of London in pursuance of an Act of Parliament made and passed in the fifth year of the reign of his late Majesty King George the second intitled an act for the more easy recovery of debts in his Majesty's plantations and colonies in America do hereby certify that on the day of the date hereof personally came and appeared before me Charles Richard Fell the deponent named in the in the affidavit hereunto mentioned being a person well known and worthy of good credit and by sworn oath which the said deponent there took before and upon the holy Evangelists of Almighty God and solemnly and sincerely declare testify and depone to be true the several matters and things mentioned and contained in the said annexed affidavit. In faith and testimony whereas I the said Lord Mayor have received the seal of the office of Mayorality of the said City of London so be herein to put and affixed and the Indenture deed of conveyance and marked A and the Indenture of Mortgage marked B mentioned and referred to in and by the said affidavit to be hereunto annexed dated in London seventeenth day of September in the year of our Lord one thousand eight hundred and twenty one.

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