THIS INDENTURE made
the Twenty sixth day of March in the year of our Lord One
thousand Eight hundred and thirty eight. BETWEEN WILLIAM
GAWN of Halftown in the county of Antrim farmer of the one
part, and JOHN GAWN of Donegore in the county of Antrim
aforesaid farmer of the other part. WHEREAS by Indenture of
Lease bearing date the fifteenth day of April One thousand
eight hundred and one, Hugh Cairns of Parkmount in the
county of Antrim aforesaid Esquire for the considerations
therein mentioned did demise grant and to farm let unto
James Gawn of Donegore aforesaid farmer since deceased. ALL
that farm or parcel of land in Ballyclaverty then in his
possession containing by estimation. Seventy six acres or
thereabouts be the same more or less TO HOLD unto the said
James Gawn his executors administrators and assigns from the
first day of November then last for and during the full time
and Term of fifty one years fully to be completed and ended,
subject to the yearly rent of Forty two pounds thirteen
shillings and three half pence of the then currency, and to
performance of the several covenants and agreements therein
contained - AND WHEREAS by Indenture of Conveyance bearing
date the first day of August One thousand eight hundred and
eight, the said James Gawn, for the considerations therein
mentioned Granted and sold unto Robert Gawn of Ballyclaverty
farmer, ALL THAT the one moity or half of that portion of
said lands in the possession of said Robert Gawn and of
Andrew Gawn containing forty acres Irish measure or
thereabouts, and said moiety thereof then in the possession
of said Robert Gawn containing by estimation twenty acres
Irish measure or thereabouts be the same more or less
(excepting as in said lease is excepted) TO HOLD the said
moiety unto the said Robert Gawn his executors
administrators and assigns for the remainder of said
Term granted by said recited lease. subject to the yearly
rent of Eleven pounds eighteen shillings and ten pence
half penny of said currency as the proportionable part of
said reserved rent AND WHEREAS the said Robert Gawn sometime
afterwards died, but before his death he duly made and
published his last will and testament in writing bearing
date the twenty fifth day of December one thousand eight
hundred and nineteen whereby he left and bequeathed his entire
interest in said half or moity of said farm, unto his son
the said William Gawn party hereto, and his heirs with
remainder to James Gawn in case the said William Gawn a
miner without lawful issue by virtue of which devise that
said William Gawn who has since attained his age of twenty
One years is now in possession of said moiety of said farm
and is legally entitled to the estate and interest of the
said James Gawn therein. AND WHEREAS the said William Gawn
has since made a sale and assignment of part of said moity
containing about Five acres and One rood, and having
occasion for a loan of money the said John Gawn hath agreed
to advance to him a present loan of Sixty pounds and such
further advance not exceeding thirty pounds as may hereafter
agreed on, upon being secured the repayment thereof with
interest by a mortgage of fourteen acres and three roods
being the remaining part to which the said William Gawn is
now entitled of said moiety granted by the deed recited
Conveyance and also on the collateral security of the said
William Gawn's Bond for the sum of One hundred and eighty
pounds with warrant of attorney for confessing Judgement
therein, conditioned for payment of the sum of ninety pounds.
NOW THIS INDENTURE WITNESSETH that in pursuance of said
agreement and in consideration of the said sum of Sixty
pounds sterling, to the said William Gawn in hand well and
truly paid by the said John Gawn at or before the ensealing
and delivery of these presents, the receipt whereof he doth
hereby acknowledge, and thereof and therefrom and of and
from every part thereof he doth acquit exonerate, release
and discharge the said John Gawn his executors
administrators and assigns for ever by these presents - and
also in consideration of such further sum or sums as may
hereafter be advanced to the said William Gawn by the said
John Gawn he the said William Gawn hath granted, bargained,
sold, aliened released and confirmed assigned transferred
and made over, and by these presents doth grant bargain sell
alien release and confirm, assign transfer and make over
unto the said John Gawn and to his Executors administrators
and assigns, ALL THAT AND THOSE that piece or parcel of land
containing by estimation fourteen acres and three roods
Irish measure or thereabouts be the same more or less being
the part of the lands granted by the said recited deed of
conveyance which the said William Gawn is now possessed of
and entitled to bounded on the North by James Murdocks land,
on the East by lands held by Andrew Gawn and by
John Gawn, on the south by lands in possession of Malcom
Barclay, and on the west by lands in that of said Andrew
Gawn together with all the houses, buildings, ways, waters,
watercourses rights members and appurtances thereunto
belonging, and the reversions, remainders, rents issues and
profits thereof and of every part thereof, and all the
estate, right title and interest possession property profit
claim and demand whatsoever of him the said William Gawn his
executors administrators or of any person in trust for him
or them, and all deeds, Leases wills writings and evidences
of title in his their or any of their hands custody, power
or procurement in any wise relating to said lands or any
part thereof (excepting as in the said in part recited lease
is excepted) all which said lands and tenements are situate
lying and being in the parish of Donegore upper half Barony
of Antrim and county of Antrim aforesaid, TO HAVE AND TO
HOLD all and singular the said hereby or intended to be
hereby granted lands and tenements with the appurtenances
unto the said John Gawn his executors administrators and
assigns as fully as aforesaid from henceforth for and during
the full rest, residue and remainder of the said term of
fifty one years commencing and to be computed from the said
first day of November which was in the year One thousand
eight hundred subject to the yearly rent of eight pounds two
shillings and nine pence being the proportionable part of
the said reserved rent payable out of the said hereby
granted lands and tenements, and to performance of a like
proportion of the covenants and agreements in said lease
contained and subject also to the proviso or
condition of redemption hereinafter continued: that is to
say PROVIDED ALWAYS and these presents are executed upon
this express condition that if the said William Gawn his
executors or administrators do and shall well and truly pay
or cause to be paid unto the said John Gawn his executors
administrators or assigns at or upon the first day of
November next ensuing the date hereof the said principal sum
of Sixty pounds and also the full amount of all and every
such further and other sum and sums not exceeding the sum of
thirty pounds (so as not to exceed in the whole the sum of
Ninety pounds) as may be endorsed on those presents and
signed by the said William Gawn his executors or
administrators with interest thereon at the rate of Six
pounds per every hundred pounds by the year together with
all costs and expenses incurred in respect thereof without
any deduction defalcation or abatement whatsoever, then
not only these presents, and every clause, matter covenant
and thing herein contained, but also one Bond or obligation
with Warrant of Attorney for confessing Judgement therein
for the penal sum of
One hundred and eighty pounds conditioned for payment of the
sum of Ninety pounds both bearing like date and passed as a
collateral security herewith shall cease, determine, and be
absolutely null and void to all intents and purposes,
anything herein contained to the contrary notwithstanding -
AND the said William Gawn doth hereby for himself his
executors and administrators covenant promise and agree to
and with the said John Gawn his executors administrators and
assigns in manner and form following, that is to say that he
the said William Gawn his executors or administrators, shall
and will well and truly pay or cause to be paid unto the said
John Gawn his executors, administrators, or assigns the said
principal sum of Sixty pounds and all sum and sums to be
hereafter advanced as aforesaid upon the day hereinbefore
limited - and appointed for payment thereof with all
interest and costs as aforesaid or in case the same shall be
suffered to remain longer in his hands shall and will well
and truly pay or cause to be paid the same unto the said
John Gawn his executors administrators and assigns when
required so to do, and the interest to accrue due thereon in
the interval at the rate aforesaid by regular half yearly
payments on every twenty sixth day of September and twenty
sixth day of March in each succeeding year, the first
payment thereof to be made on the twenty sixth day of
September next ensuing the date hereof, AND that he the said
William Gawn now hath in himself good right full power and
lawful and absolute authority to make and execute this
present grant and conveyance of the said portion of said
lands and tenements aforesaid and every part thereof in
manner and form as he has hereby taken upon himself to do
free and clear and freely and clearly acquited, exonerated,
and discharged of from and against all manner of former and
other gifts grants, bargains sales devises, mortgages,
judgments and executions and all incumbrances
of what nature or Kind so ever, at any time heretofore
committed, omitted or suffered by him the said William Gawn
or by any person or persons whomsoever. AND that he the said
William Gawn his executors and administrators shall and will
from time to time and at all times hereafter during the term
aforesaid at his and their proper costs and charges make do
and execute or cause and procure to be made done and
executed all and every such further and other lawful and
reasonable acts and assurances in the law
whatsoever for the further and more perfectly granting,
assuring and confirming the said lands and Tenements and
every part thereof with the appurtenances, and for securing
the repayment of the said sum of a Sixty pounds with all
future advances and the Interest thereof unto the said John
Gawn his executors administrators and assigns as by him the
said John Gawn his executors, administrators, or assigns or
any of them or his or their Counsel shall be required. IN
WITNESS whereof the said parties to these presents have
hereunto subscribed their names and affixed their seals the
day and year first above WRITTEN.
William Gawn [seal]
Signed sealed and delivered in presence of
William Jno: Agnew, John Gawn [seal] Jas
McConnell.
Received from the foregoing named John Gawn the sum of
Sixty pounds sterling being the full consideration
money in the foregoing deed mentioned to be paid to me
Witness my hand the day
and year first herein written
Present William Gawn,
William Jno: Agnew
Dated 26th March 1838
William Gawn } MORTGAGE
TO
} of 14:3:0
John Gawn } in Donegore
William James Gwynn
Antrim and 51 Capel St
A MEMORIAL of the within Deed entered in the Registry Office in the City
of Dublin on the fourteenth day of April one thousand eight
hundred and Thirtyeight at Eleven
O Clock in B. 7. No. 106 and the execution of said deed and
memorial was duly proved pursuant to an Act of parliament in
that case made and provided.
Fees. 10s. 6d
Henry [Shildahes?] [HS?]
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