Lease to David S. Hollister, 2 December 1843

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Document Transcript

This Indenture made this second day of December in the year of our Lord one thousand eight hundred and forty three between Joseph Smith and his wife of the County of and State of of the one part, and of the and aforesaid of the other part, Witnesseth, that the said Joseph Smith and his wife, for and in consideration of the rent, covenants, and agreements hereafter in and by these presents mentioned, reserved, and contained on the part and behalf of the said , his executors, administrators and assigns, to be paid, observed, done, and performed hath demised, granted and leased, and by these presents doth demise, grant and lease unto the said , his executors, administrators, and assigns their whole and entire interest in the Steam Boat “Maid of Iowa”, together with all her tackle, fixtures, furniture and apparel, and all the appurtenances thereof.
To have and to hold the said whole and undivided interest in the said Steam Boat “Maid of Iowa” with all the privileges and appurtenances to the same belonging or in any wise appertaining unto the said his executors, administrators and assigns from the eighteenth instant, for and during and untill the full end and term of one year from thence next ensuing, and fully to be completed and ended, yeilding and paying therefor semi-annually, and each half year during the said term of one year unto the said Joseph Smith & his wife, their heirs or assigns the yearly rent of six hundred dollars lawful money of the , the first payment for the sum of three hundred dollars to be made at the expiration of six months from the date of the commencement of said term, and the second payment of three hundred dollars at the expiration of [p. [1]] the term for which this lease is intended viz. one year.
Provided always nevertheless, that if it shall happen that the said half yearly rent of three hundred dollars, hereby reserved, or any part thereof, be behind and unpaid by the space of one month next over, or after the same shall become due and when the same ought to be paid as aforesaid, that then and from thenceforth, it shall and may be lawful to and for the said Joseph Smith and his wife their executors, administrators and assigns into and upon the said demised premises and every, or any part or parcel thereof, with the appurtenances, in the name of the whole to re-enter, and the same to have again, reposses and enjoy, as in their first or former estates; And him the said , his executors, administrators, and assigns, and all and every other, the occupiers or occupiers of the said demised premises, from thence utterly to expel, remove and put out; any thing in these presents contained to the contrary thereof in any wise notwithstanding.
And the said for himself, his heirs, executors and administrators, doth covenant, grant, and agree to, and with the said Joseph Smith and his wife, their heirs and assigns, that he the said , his executors, administrators or assigns, shall well and truly pay or cause to be paid, unto the said Joseph Smith and his wife, their heirs or assigns, the aforesaid half yearly rents of three hundred dollars, at the day and times, and in such manner and form as herein before is limited and appointed for the payment thereof, according to the true intent and meaning of these presents, clear of, and over and above all expenses whatsoever. And that the said , his executors, administrators and assigns, shall and will from time to time, and at all times hereafter, during the said term of one year [p. [2]] herein before granted, at his and their own proper costs and charges, well and sufficiently keep in repair, the said demised premises, with the appurtenances thereof, in, by, and with all manner of needful and necessary reparation, and amendments whatsoever, when, and as often as the same shall require; and the said premises with all and singular their appurtenances, being in and by all things, so well and sufficiently repaired and kept at the end, expiration, or other sooner determination, of the said term of one year hereby granted, shall, and will quietly and peaceably leave and surrender, and yeild up unto the said Joseph Smith and his wife, their heirs, executors and administrators in good and sufficient repair and condition (reasonable use and wearing thereof only excepted) as when he takes possession of the same.
In witness whereof the said parties have each and severally set to this instrument their hands and seals this second day of December in the year of our Lord one thousand eight hundred and forty three
Joseph Smith L. S.
L. S.
L. S.
In presence of
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Footnotes

  1. new scribe logo

    Signatures of JS, Emma Smith, and David S. Hollister.  

  2. new scribe logo

    Signatures of Willard Richards and William Clayton.