The instrument's own words
page 1
306
These Articles of Agreement made and entered into between
Samuel A. Hosley of Richmond R.I., on the one part, and John S. Fenolly
of said Richmond, on the other part, witness, as follows; that the said
Hosley Ancient and agrees that the right of the Dam at Shannods Mills Lot
said Hosley Mints of the boundary marked below tops of sighting rods lying
in said Dam & river with ditch’s hole made by Charles Anthony, more or
less in the Year and with three vents on the year (from July 5th to october
the 31st every Year)
And also that said John S. Fenolly agrees that He will neither make
nor suffer to be made, any obstruction on the river damaging the old wheate
[illegible] of the Dam [illegible] called in the Deed of purchase the Two Dams
(of) so as to interfere with said mill or obstruct the operation of the water wheel to
said Hosley in any manner, also avoid set in.
Executed the 10th day of August A.D. 1840 Samuel A. Hosley L.S.
in presence of
William R. Day 3 John S. Fenolly L.S.
Recorded August 15th 1840 by M.H. Temple Cl.
Know all men by these presents, that I, Samuel A. Hosley
of Richmond, town of Richmond, and State of Rhode Island & Prov. and in
consideration of the sum of One thousand Dollars to me paid by John S.
& Josiah M. Fenolly of said town, the receipt whereof I do Hereby acknowledge,
Have remises, released and forever quit claimed to the said John S. & Josiah M.
Fenolly their Heirs and Assigns forever the right title, interest, property, claim and
demand which I hold per a right eight hours a night from in and to a certain
lot of lands and water power known as Shannods Waterworks in said Town,
lying between the middle one row one row a line and bottles and bounded on East
beginning at the middle of the river at a point near Charles Mallett’s mill site,
and then running to a rock marked by a hole drilled in the stump,
by the edge of said river, more or less the extent of the Lot being,
Twelve degrees East, ten rods and one half to a hole drilled in a rock,
then North, thirty four degrees East, forty rods and eight links to a
drilled in a rock at the fence Hosley’s mill site, forty degrees East, thirteen rods
now marks to a stone in his bar on boundary then South ten degrees East,
nin rods and fourteen links to the edge of the river at the east side (at the stone
then to the middle of said river and then downstream to the following the middle
then to the first mill pond [illegible] of the following the middle
Hosley, of the first mill pond and then downstream to the fence of the fence to
Hosley, upstream of above near the mill and downstream to the fence of the
lot and then stopping the first boundary to the river boundary at the fence of
land of John S. Fenolly, then to a rock with a hole drilled in a rock then to
middle of said river and then upstream said Mill Course 13 rods to the first
boundary and it is a chain of the Deed more or less are to be
kept on the premises Hosley.
To Have and To Hold the same with all the rights perks privileges and appurtenances
thereunto belonging continuing forever to include the boundary then starting
with the same, Water course, connected main line of the property adjacent receiving
attached, and appurtenant, to the said John S. & Josiah M. Fenolly
and their Heirs.
And I, the aforesaid grantor, for myself and for my Heirs Executors and
Administrators, do covenant with the said John S. & Josiah M. Fenolly their
administrators, that I will warrant and defend the aforesaid premises to the
said John S. and Josiah M. Fenolly their and Assigns forever, against the
lawful claims and demands, of all persons claiming by through a under me.
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357
Provided however, that if the said James A. Hoxie, in his Year, executors or ad-
ministrators, shall fail to pay or cause to be paid to said Thos J. and Josiah M. Arnold, thin
heirs, executors, administrators a the sum of Two Thousand and Dollars, within the
interval according theirs terms punct payment be made in the manner following;
namely, interest yearly compound commencing one year from the date hereof, and at the
end of one year from said date for hundred Dollars of the principal of said
sum two and hundred Dollars annually thereafter, until the whole to be paid,
thus the obligation is to be void, therefore to remind in force.
Furthermore I the said James, do hereby constitute the said Thos J. and
Isaiah M. Arnold, thin heirs, executors administrators and assigns, my true and
lawfull attorneys with full power of substitution and revocable for me and
in my name to at any time after default shall be made in any
of the conditions herein mentioned, provided that, after one month notice in
any due form justly to all publick places in the premises aforesaid, the said
said party joining (after the notification of peace ten days) may by deed poll in
my own name of the said premises part further published in the City of Providence, in
my own name of the said premises part further published in the City of Providence, in
my name to make, seal, acknowledge and deliver to, an
y person a power of attorney, to make the purchaser a full and absolute third, a
good and sufficient deed of sale of the sum, for as far as the said fund
unless in purchaser, a full and absolute estate in fee simple, the same
and in sale thereof, giving to my said attorneys full power to adjust
said sale terms to the same end according to my mind and desires, for
from the purchaser in purchased there the amount shall be deducted,
and after the payment of the full sum to be remitted to said sons, said
and appertains the balance by order of their parents,
Sum of Two Thousand and Dollars to the purpose of the amount due and state
all other sum or more and more the amount thereof strictly satisfying and con-
firming every act or thing may be made by my said attorneys, for
the present purpose. In witness whereof I have set my hand and seal
(I Melinda Hoxie, wife of said James hereby relinquishing my rights
of dower in the premises hereby conveyed) the first day of August A.D. 1848.
Executed in presence of
William H. Perry
Samuel A. Hoxie [LS]
Melinda Hoxie [LS]
State of Rhode Island &c.
Washington Co SS At Charlestown August 14 1848, Then came the within
named Samuel A. Hoxie, and acknowledged the entire instrument, &
him signed, to be his voluntary act and deed
Before me, Wm H. Perry Clrk.
Recorded August 15 1848 by W. H. Perry Clrk.
The page as recorded
