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Deed - Essex County, New Jersey. Book D, pgs 405 – 409 Doctor John STITES, Jonathan DAYTON esq., & Aaron OGDEN esq. This Indenture tripartite made this twenty ninth day of April between John Stites Doctor of the Borough of Elizabeth in the County of Essex and State of New Jersey of the first part; the Honorable Jonathan Dayton Esquire of the same place of the second part and Aaron Ogden Esquire Counseller at Law of the same place of the third part Whereas the parties to these presents in and by one certain Deed of Indenture bearing date on the thirtieth day of January in the year of our Lord one thousand seven hundred and ninety seven are seized as tenants in common of in and to all the lands, tenements, ferries, ferrige boats, fisheries and premises with their appurtenances in the said Deed of Indenture contained and comprised subject nevertheless to such clauses, restrictions, limitations, trusts, and conditions as the parties to these presents should by writing under their hands and seals duly executed, limit, order, direct and appoint, agreeably to the true intent and meaning of the said Deed of Indenture as by reference thereunto being had will fully appear now therefore this Indenture witnesseth that the true intent and meaning of the parties to these presents and of the Deed of Indenture before mentioned before and at the time of executing the said Deed touching and concerning the lands, tenements, ferries, ferry boats, fisheries and premises in the said Deed mentioned and comprised together with all the appurtenances thereunto belonging always was and yet is that the said Deed of Indenture should and shall be and endure and is hereby covenanted, granted, agreed and declared to be and endure to the uses, trusts, intents and hereafter in these presents limited, ordered, directed, appointed and declared and that the said Deed of Indenture and all the parties in the said Deed and the said Deed taking? thereby and the heirs of them and every of them and all other person or persons and this and their heirs who now are or then were or hereafter shall be seized of the said lands, tenements, messuages, ferries, ferry boats, fisheries and premises in the said Deed mentioned and comprised together with all the appurtenances should and shall stand, and be seized thereof and every part and parcel thereof to the uses, trusts, purposes and intents hereafter in these presents contained, set forth and expressed and for no other use, benefit, or behoof, whatever That is to say for the intent and purpose, and upon the special trust, confidence, that all the monies arising from the clear rents, issues and profits of the said lands, tenements, fences, ferries, ferry boats, fisheries and premises with their appurtenances in the said Deed of Indenture comprised and all the monies arising from the sale of all or any part of the said premises shall be divided quarterly into six hundred shares or dividends one of which shares or dividends shall be payable quarter yearly to the bearer of certificate to be made out and subscribed by the parties to these presents and to be in the form or of the import hereinafter expressed That is to say – The bearer of this Certificate is entitled quarter yearly to receive one share or dividend (into six hundred shares or dividends to be divided) of all the monies arising to arise from the clear rents, issues and profits, sales of land or otherwise whatever and in any manner however issuing out of or proceeding from the lands, tenements, ferries, ferry boats, fisheries, premises and appurtenances comprised in a certain Deed of Indenture duly recorded in the Clerk’s Office of the County of Essex and agreeably to the true intent and meaning thereof made and entered into by and between the subscribers hereof and bearing date on the thirtieth day of January in the year of our Lord one thousand seven hundred and ninety seven which certificates when made out as aforesaid shall be divided equally between the parties to these presents That is to say, two hundred of the said Certificates to each of the said parties to be used, possessed, enjoyed and disposed of by such party for his own individuals separate profit, benefit and behoof And it is hereby further covenanted, granted, agreed and declared by the parties to these presents to be their intent and purpose, and such intent and purpose is hereby declared accordingly, that the whole agency and management of and concerning all and every part of the lands, tenements, ferries, ferry boats, fisheries, premises and appurtenances in the said Deed of Indenture comprised as well in regard to the sale of the same or of any part and parcel thereof as also in regard to the use, cultivation and management of what thereof may remain or at any time unsold, and in regard to the time and manner of making said quarterly payments to the holders of the said Certificate and also in regard to all other useful and proper regulations touching all the premises shall be according to such rules, directions and appointments as may from time to time be agreed upon by a majority of votes given for such purposes by the holders of such Certificates upon which occasions every such holder shall be entitled to one vote for every such Certificate he may then possess And it is also further covenanted, granted, agreed, declared and provided by the parties to these presents and hereby declared and provided accordingly that all tracts or parcels of the premises and appurtenances in the said Deed of Indenture comprised which may be sold, granted or conveyed away in fee simple agreeably and in conformity to the regulations and appointment which may from time to time be entered into for that purpose by the holders of the said Certificates in manner as aforesaid shall be held absolutely free and clear, freely and clearly discharged of all and all manner of trusts, restrictions and limitations in the said Deed of Indenture or in these presents comprised and contained excepting always all the salt meadow belonging to the said premises and further all such lotts or parcels of land of the same premises whereon ferries or fisheries are or maybe erected it being the true intend and meaning of the parties to these presents and it is hereby declared to be such that all the rents, issues and profits excepting the herbage arising or to arise out of land from the said salt meadows belonging to the said premises and out of and parcels thereof whereon ferries and fisheries may be erected shall be and remain to be divided among the holders of the Certificates of these presents mentioned and that no sale or disposal of any such salt meadow or lotts or parcels of the said premises whereon ferries or fisheries are or may be erected shall at any time be made so as to discharge the same from the trusts contained in the said Deed of Indenture and declared by these presents or so as to effect, alter or impair the true intent and meaning of the parties to these presents as is herein set forth, expresses and declared. I testimony whereof the parties to these presents have hereunto interagreeably set their hands and seals the day and year above written John Stites, Jona: Dayton, Aaron Ogden Sealed and delivered in the presence of Edmund Thomas, Moses Austin We the subscribers do hereby acknowledge that the
written instrument was executed in the year of our Lord one thousand seven
hundred and ninety seven, the year being omitted in the written sale by mistake New Jersey, Essex County Be it remembered that on the sixteenth day of July one thousand eight hundred before me Jeremiah Ballard one of the Judges of the Court of Common Pleas in and for the said County of Essex came John Stites, Jonathan Dayton and Aaron Ogden the within named grantors and did severally acknowledge that signed, sealed and delivered the written Indenture on their own free act and deed for the uses and purposes therein contained In testimony whereof I have hereunto set my hand the day and year above written Jereh Ballard
Recorded July 19th 1800, Aaron Ogden Clk. |