The instrument's own words
page 1
deed, which was read by me, shown and explained to her, to be her free and voluntary
act and deed, and declared to me that she did not wish to retract the same.
[Signed]
Received for second Octr 9th 1884 at 11 o'clock Am.
and received by George Lelross Law Clerk
This Indenture made & entered into this 29th day of September
One thousand eight hundred & eighty four, by & between George Carmichael
& Jane Abby Carmichael his wife both of Charleston in the county of
Washington State of Rhode Island servants of the first part and the Carmichael
Manufacturing Company, a corporation duly incorporated & having an
office & doing business in Westerly in said county, of the second part,
Witnesseth that in consideration of the sum of one
dollar, to the said Carmichael Manufacturing Company by the
said parties of the first part paid, the receipt whereof is hereby
acknowledged, the said Carmichael Manufacturing Company for
itself, for its successors & assigns covenants & agrees with the said parties
of the first part that it shall be lawful for the said Abby S. Carmichael
her heirs & assigns, their & their agents servants, & the tenants & occupiers
for the time being of the messuage & land of the said Abby S. Carmichael
situated in said town of Charleston, for their & their respective benefit
& advantage, to enter upon the lands of the said Carmichael manufac-
turing company in said town of Charleston, and to lay a water pipe in
agreeable & proper manner thereof, for the purpose of conducting
water through the same; and to set up & erect a Hydraulic Ram thereon
for the purpose of drawing water through said water pipe from the lands
of said Carmichael Manufacturing Company into any lands of said
Company or said assigns & heirs of said Abby S. Carmichael; and to
connect said water pipe & said ram with the flumes or dams of said
corporation; and to separate said ram by means of water from said
flumes or dams; and to use said water after the same shall have been
conducted through said water pipe as aforesaid for the advantage &
accommodation of said messuage land & said parties of the first part
for domestic, culinary, farming & industrial purposes, and to continue
& maintain said water pipe until subsequent vacation & said ram, after
the same shall have once been laid & erected, upon the said lands of
said corporation, for the connections with said flumes & dams of said
corporation, & to separate said ram & said water in the manner, for
the purposes aforesaid, from time to time & at all times forever, subject
at the will & pleasure of the said Abby S. Carmichael her heirs and
assigns & their agents & servants, & the tenants & occupiers for the time
being, of her said messuage & land and by weight & by day
Which it is also understood & agreed by & between the parties hereto that
in making & continuing said connections with said flumes or dams of said
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Corporation the same shall be done in such manner as to cause no injury or
inconvenience to said corporation. And it is also understood & agreed by &
between the parties hereto, that said Abby S. Learnsheael, her heirs & assigns &
her & their agents & servants, shall in laying said pipe & erecting land
ram, & in making said connections, do no more damage than is actually &
reasonably necessary & shall leave the premises of said corporation in as
good state & condition as they more previously thereto; and it is further agreed
that she & they shall always have the privilege of entering in & upon said
lands of said corporation, whenever it shall be necessary for the purpose of
making repairs or amending said water pipe & said dam, or taking up said
water pipe for that purpose, & do they doing as little damage to the rights of
said corporation as in their reasonable exercise of said privilege it is possible
for them to do; and she or they occupying or remaining for a reasonable time
in the completion of said amendments or repairs after they shall have
been commenced. And in consideration of the above the
said George Learnsheael for themselves, and the said Abby Learnsheael, for themselves,
for theirs & theirs assigns, covenant & grant to & with the said Learnsheael
Manufacturing Company, its successors & assigns, or their agents &
their servants, to the tenants & occupiers for the time being of the lands & other
buildings of said corporation situated in said Charlestown in the town
of Rehoboth in said county at any time hereafter when a it they may be
apt, to construct a reservoir or cistern, & further whatever is practicable to extend
the same upon the half situated upon the lands of said Abby
S. Learnsheael in said Charlestown & just West of the land belonging
to said Abby, and to lay one hundred pipe acres in through the said
lands, in a reasonable & proper manner for the purpose of constructing &
conveying water into said reservoir or cistern, and another for the
purpose of draining, conducting & conveying water thereof, direct to amass
said reservoir or cistern by means of said pipes with the factory & other
buildings of said corporation; and to use said water after the same shall
have been conducted through said pipes for the purpose of extinguishing
fires & for washing & other objects for the advantage & accommodation
of said factory & other buildings of said corporation; and it is further &
further agreed said water pipes, after the same shall have been laid,
upon the lands of said Abby S. Learnsheael without substantial variation,
with said connecting & use said water in the manner & for the purposes
aforesaid, from time to time & at all times hourly & by day, at the will
& pleasure of the said corporation, its successors & assigns, or their agents &
their servants, shall, in constructing said reservoir or cistern, & in laying
said water pipes & in making said connections, do no more damage than is
actually & reasonably necessary, and shall leave the premises of said Abby
S. Learnsheael in as good order & condition as they were previous thereto, and it
is further agreed that it and they shall always have the privilege of entering
in & upon said lands of said Abby whenever it shall be necessary for the
purpose of making repairs or amending said water pipes & of taking
page 3
up said water pipes for that purpose, if they do thing as little damage to the
rights of said parties of the first part as in the reasonable exercise of said privilege
it is possible to do, and it or they occupying no more than a reasonable time
in the completion of said amendments or repairs after they shall have been
commenced. The covenants & agreements herein contained to be & remain
in force between the said George & Abby L Carmichael the parties of the first
part their heirs executors administrators assigns; the said Carmichael
Manufacturing Company the parties of the second part its successors & assigns
forever. In witness whereof the said George Carmichael for
& the said Abby L Carmichael have hereunto set their hands and seals;
and the said Carmichael Manufacturing Company have hereunto set its
corporate seal by the hand of its Treasurer, Alexander Carmichael hereunto
duly authorized by a vote of said corporation passed at a meeting of said
corporation held on the eleventh day of September AD 1884, in the day & year
first above written.
Signed, sealed & delivered
In presence of
Interlineations & erasures
made before execution
Henry L Sanphson
William L Sanphson Jr
Alexander Carmichael Treas
George Carmichael for
Abby L Carmichael
L. S.
State of Rhode Island sc
Washington ss
On Richmond in said county on this 29th
day of September AD 1884 personally appeared George Carmichael
of one of the subscribers to the foregoing instrument & acknowledged the same
to be his free and voluntary act & deed. At the same time & place, Abby
L Carmichael wife of said George Carmichael also one of the subscribers
to the foregoing instrument, being examined by me privately & apart from
her said husband, after having said instrument shown & explained to
her by me, she being so apart declared the same to be her voluntary
act and deed and that she did not wish to retract the same.
Before me Wm L Sanphson Jr Notary Public
L. S.
State of Rhode Island sc
Washington ss
On Richmond in said county on this 29th day
of September AD 1884 then Alexander Carmichael, Treasurer of the
Carmichael Manufacturing Company above named personally appeared and
acknowledged the foregoing instrument to be his free & voluntary act & deed
the free & voluntary act & deed of said Carmichael Manufacturing
Company
Before me Wm L Sanphson Jr
Notary Public L. S.
Received for record October Nbr 1884 at 4 oclock PM
and recorded by George Lo Torse Town Clerk
The page as recorded
