THIS INDENTURE, Made this twenty ninth Day of December in the Year of our Lord, One Thousand Seven Hundred and fifty two, BETWEEN George Mason of the Parish of Truroe & County of Fairfax Gent: of the one Part, and Thomas Halbert of the same Parish & County Planter of the other Part; WITNESSETH, That the said George Mason for and in Consideration of the Rents, Duties, Reservations, and Covenants herein after reserved and mentioned, on the Part and Behalf of the said Thomas Halbert his Heirs and Assigns, to be paid, done, and performed, HATH demised, granted, and to Farm let, unto the said Thomas Halbert his Heirs and Assigns, one certain Messuage Tenement, or Parcel of Land, in the Tenure and Occupation of the said Thomas Halbert now being; containing two hundred Acres, one hundred Acres thereof being that Plantation whereon John Drakeford lately lived, & the other hundred Acres adjoinging &convenient thereto between a certain Branch called Hat Marked Branch & a small Branch called Nelson's Spring Branch & one of the out Lines of the pattent running from the sd. Hat Marked Branch towards the Branches of Difficult Run, if so much can be found without incroaching upon the Tenants already setled upon the sd. George Mason's Land—Together with all the Profits, Commodities, and Appurtenances, to the same belonging, or in any-wise appertaining:
Reserving and excepting unto the said George Mason his Heirs and Assigns, the Liberty of getting Timber, on any Part of the hereby demised Land and Premises; as also all Mines, Minerals, and Quarries, and the Use of them; with free Ingress, Egress and Regress, in, to, and from the said demised Premises, and the Privilege of Hunting, and Fowling, in or upon any Part thereof: TO HAVE AND TO HOLD
the said Messuage Tenement, or Parcel of two hundred Acres of Land, with the Appurtenances, (except as before excepted) unto the said Thomas Halbert his Heirs and Assigns, from the Day of the Date hereof, for and during the natural Lives of him the said Thomas Halbert Lydia his Wife & John his eldest Son and the longest Liver of them; YIELDING AND PAYING unto the said George Mason his Heirs, Executors, Administrators, or Assigns, Yearly, and every Year, for and during the Space and Term before-mentioned, on the First Day of December, the Rent of one thousand & fifty Pounds of good merchantable crop Tobacco clear of Caske in one Hogshead, in any one Warehouse in the sd. County of Fairfax except that at the Falls of Potomack River commonly called the Falls Warehouse and if it happens, That the said reserved Yearly Rent, or any Part thereof, be in Arrear or unpaid, for the Space of one Kalendar Month next after the Day whereon the same ought to be paid, That then, and so often as it shall so happen, it shall and may be lawful to, and for the said George Mason his Heirs, Executors, Administrators, or Assigns, into the said demised Premises, or any Part thereof, to enter and destrain, and the Distress or Distresses, then and there found, to take, lead, drive, and carry away, and thereof to dispose, according to Law: And if no sufficient Distress, or Distresses, can or may be found, in or upon the said demised Premises wherewith the said Rent and Arrears, if any there happen to be, may be fully satisfied and paid, That then it shall and may be lawful, to and for the said George Mason his Heirs, Executors, Administrators, or Assigns, into the said hereby demised Premises, or any Part thereof, in the Name of the Whole, without Demand, to re-enter, and the same to have again, repossess and enjoy, as in his or their first or former Estate; any Thing herein to the contrary thereof, in any-wise, notwithstanding. And the said Thomas Halbert for Himself, his Heirs, Executors, Administrators, and Assigns, DOTH
covenant, promise, and agree, to and with the said George Mason his Heirs Executors Admrs & Assigns that he the sd. Thos. Halbert his Heirs, Executors, Administrators, and Assigns shall, and will Yearly, and every Year, during the Continuance of this Demise, pay unto the said George Mason his Heirs, Executors, Administrators, or Assigns, the before reserved Rent of one thousand & fifty pounds of good merchantable Crop Tobo. clear of Caske in one Hogshead on the Day whereon the same ought to be paid, and in the Manner as before reserved and mentioned: And the said Thomas Halbert for Himself, his Heirs, Executors, Administrators, and Assigns, doth further covenant, promise, and agree, to and with the said George Mason his Heirs Executors Admrs. & Assigns that He the said Thomas Halbert his Heirs, Executors, Administrators, or Assigns, shall not tend, or suffer to be tended, on the said demised Premises, above a full and sufficient Crop, for five able, working Hands, in any one Year; and if at any Time it shall appear, that there is more than a full and sufficient Crop for five able, working Hands, tended on the hereby demised Premises, that then the said Thomas Halbert his Heirs, Executors, Administrators, or Assigns, shall and will pay unto the said George Mason his Heirs, Executors, Administrators, or Assigns, the Sum of Two Hundred Pounds of Tobacco over and above the before reserved Yearly Rent, for every and each Hand's Crop more than five and so in Proportion, Yearly, and every Year, while the same is continued or suffered to be done; and that the said Thomas Halbert his Heirs, Executors, Administrators, or Assigns, shall not make, or suffer to be made, any Manner of Waste of any Sort of Timber, on any Part of the hereby demised Land and Premises; and if at any Time any Timber, fit for Carpenters or Coopers Use, or Rails should be cut down, in clearing Ground or otherwise, the same shall all be worked up, and not suffered to rot or perish, under the Penalty of One Hundred Pounds of Tobacco, over and above the Value of such Timber, to be paid by the said Thomas Halbert his Heirs, Executors, Administrators, or Assigns, to the said George Mason his Heirs, Executors, Administrators, or Assigns, for every such Offence: And that the said Thomas Halbert his Heirs, Executors, Administrators, or Assigns, shall not use, sell, or otherwise dispose of, or suffer to be sold, used, or otherwise disposed of, any Sort of Timber, or Wood, from off any Part of the hereby demised Land and Premises, in any Manner whatsoever, (except for the proper Use and Benefit of the hereby demised Land and Premises)
without the Consent of the said George Mason his Heirs or Assigns first obtained, under his or their Hand: And further, the said Thomas Halbert for Himself, his Heirs, Executors, Administrators, and Assigns, doth covenant, promise, and agree, to and with the said George Mason his Heirs Executors Admrs. or Assigns that he the sd.
Thos. Halbert his Heirs, Executors, Administrators, or Assigns, shall and will, within the Space of Seven Years at farthest, from the Date hereof, build or cause to be built, on some convenient Part of the hereby demised Land and Premises, two Well framed dwelling Houses at least sixteen feet square each with out Side Chimneys & two well framed Tobacco Houses or Barnes at least thirty two feet long & twenty feet wide each or other Houses and Buildings equal thereto; and the said Thomas Halbert his Heirs, Executors, Administrators, and Assigns, shall, and will, always, during the Continuance of this Demise, keep the said Houses or Buildings in good Order and Repair, and if at any Time any of them should go to Decay, or happen to be destroyed by any Accident, shall build others as good in the Room of them: And that the said Thomas Halbert his Heirs, Executors, Administrators, or Assigns, shall and will also, within the before-mentioned Space of Seven Years, plant, on some convenient Part of the hereby demised Land and Premises, an Orchard of two hundred Winter Apple Trees, at thirty feet Distance every Way from each other, and eight hundred Peach Trees, at fifteen Feet Distance every Way from each other, and keep the same always during the Continuance of this Demise well trimmed, pruned, fenced in, and secured from Horses, Cattle, and other Creatures; and if any of them should die or decay, that the said Thomas Halbert his Heirs, Executors, Administrators, and Assigns, shall plant others of the same Kind in the Room of them, so as during the Continuance of this Demise, always to keep up the same Number. And further the said Thomas Halbert for himself, his Heirs, Executors, Administrators, and Assigns, doth covenant, promise, and agree, to and with the said George Mason his Heirs & Assigns, that no Assignment, Transferrance, or other Conveyance whatsoever, of the hereby demised Land and Premises, or any Part thereof, shall be made by the said Thomas Halbert his Heirs or Assigns, or any other Person or Persons whatsoever, without the Consent of the said George Mason his Heirs or Assigns first obtained, under his or their Hand and Seal, otherwise such Assignment, Transferrance, or Conveyance, to be void and of no Effect. And further the said Thomas Halbert for Himself, his Heirs, Executors, Administrators, and Assigns, doth covenant, promise, and agree, to and with the said George Mason his Heirs Executors Admrs. & Assigns that he the sd. Thomas Halbert his Heirs, Executors, Administrators, and Assigns, shall and will, always, during the Continuance of this Demise, keep the hereby demised Land and Premises, with the Appurtenances, in good and sufficient Order and Repair; and at the Expiration of the said Demise, whenever it shall happen, shall and will deliver the same in good, sufficient, tenantable Order, Repair, and Condition, unto the said George Mason his Heirs, Executors, Administrators, or Assigns.
And the said George Mason for Himself, his Heirs, Executors, Administrators, and Assigns, doth covenant, promise, and agree, to and with the said Thomas Halbert his Heirs Executors Admrs. & Assigns that he the sd. Thos. Halbert his Heirs and Assigns, and all and every other Person and Persons who by Virtue of this Demise shall be legally and justly possessed of the hereby demised Land and Premises, shall and may, under the Rents, Payments, Penalties, Reservations, Restrictions, Provisoes, Conditions, and Agreements, herein before mentioned, peaceably and quietly have, hold, use, occupy, possess, and enjoy the said hereby demised Land and Premises, with the Appurtenances, during the before mentioned Space and Term of three Lives without any Trouble, Molestation, or Interruption, from Him the said George Mason his Heirs, Executors, Administrators, or Assigns, or any other Person or Persons, claiming, or to claim, by, from, or under him, them, or any of them. IN WITNESS
whereof, the said Parties have hereunto interchangeably set their Hands, and affixed their Seals, the Day, Month and Year first above-written.
Signed, Sealed, and Delivered
[his] Mark
Thomas Halbert
T
in the Presence of
WILLIAM BRONAUGH
G MERCER
JEAN BROWN
Memorandum That it is agreed between the within mentioned Partys that the within mentioned Thomas Halbert is to have one hundred Acres of the within mentioned Land three Years Rent free, & that he is to pay only six hundred & thirty Pounds of Tobacco untill the first Day of December which shall be in the Year of our Lord one thousand seven hundred & fifty six, at which time he begins to pay the full Rent within mentioned—
[his] Mark
Thomas Halbert
T