The instrument's own words
page 1
430
This indenture made this 27th day of February in the year one thousand
eight hundred and forty one, By and between Joseph Macomber of the one part
and Mumford by Heirs of Hincoles of the other part, witnesseth that the said Joseph
Macomber hereby leases and demisees unto the said Mumford by Heirs to
hold for the term of one year, viz the period of any number of years up to
ten from the first day of May A.D. one thousand eight hundred and forty
one, of a lot of Land situated and lying in the town of Bristol, County of
Rhode Island and state of Rhode Island aforesaid the said lot reference being made
to a deed from Jonathan Macomber to said Joseph Macomber executed in the
town house of the said town of Bristol, for a description of said lot with all
damages water privies and all the privileges thereunto belonging the said lessor
guarantees to the said lessee all the privileges concering and by an agreement
between Samuel Holmes and Samuel Stanton, and into by a lease from the said
Connor to Samuel Holmes said agreement and lease being referred to and made
part of this present lease from Jonathan Macomber to said Joseph Macomber and
said lease said term from Jonathan Macomber to Joseph Macomber and said lease
conceding to said lessee a right of way to and from said leased premises the said
lessee shall have the privilege of building upon said premises and occupying same
with enterprises all the until privileges thereunto belonging and having and using
lot for all purposes appertaining to the side of said water paths as the may deem
fit for his purpose and the said lease shall have the right to use and privilege
remove and take off from said premises all water rights and all other improvements
which he may place for the purpose of the occupation
without hindrance or molestation from the said lessor on said premises the said lease
paying as rent for the first of the first term four dollars for each year he may occupy
said premises and after the said term of ten years a part of a year of a fee for the use
of the same yearly And the said lessor for himself his heirs assigns and administrators binds
himself to covenant with the said lessee for his heirs assigns and agree that he will not
encumber at the expiration of said term any such rights as appertain to said leased premises
and will permitably not obstruct any other paths up to said premises to allow the lessee his
heirs or assigns to have good access as they now have or as the reasonable was necessary and
alternating to the use of this lot only And the said lessor for himself his heirs
assigns and administrators does hereby covenant to and with the said lessee his heirs
that he shall quietly occupy said premises against the for the term aforesaid without
hindrance or molestation from the said lessor or any person claiming by title
or warrant hereon the said lessee will and be held responsible by himself
his heirs or assigns for the performance of the covenants hereunto belonging and
agrees or binds himself hereby covenants to and with the said lessor his heirs assigns
heirs and administrators hereby covenants to and with the said lessor his heirs assigns
heirs and assigns that the said lessee shall promptly pay the rent as the first
or as the same shall become due and all the covenants aforesaid shall be well kept
and performed I the testimony whereof the said parties have set their hands
and seals on the day and year first above written to this and to another memorandum
of like tenor and date
Signed sealed and delivered
Joseph Macomber Ld
Mumford G Hincoles Ls
before me
Thomas G Gauffron
Joseph M Gauffron
Washington St Charleston Feb 27th 1861
Personally came and appeared before me Joseph Macomber and acknowledged the
within instrument to be signed by him his free and voluntary act
Joseph M Gauffron Justice of the Peace
Received for record June 2nd 1863
at Bristol P.M. until
Recorded by Charles Cross C.L.M