Box 14-101 MORTGAGE OF MACNAB STREET CHURCH
Mar 10 1881
made in duplicate the tenth day of March in the year of our Lord one thousand eight hundred and eighty-one In pursuance of the Act respecting Short Forms of Mortgages.
Between The Honorable [sic] Isaac Buchanan, of the City of Hamilton in the County of Wentworth; Esquire, Alexander Harvey, of the same place, Merchant, James Turner of the same place, Merchant, Isaac Baldwin McQuesten of the same place, Barrister-at-law and James Osborne of the same place, Esquire, Trustees of the Manse property of the Presbyterian church in the City of Hamilton (hereinafter [sic] referred to as Mortgagors) of the First Part[.]
And--The Mutual Life Association of Canada (hereinafter referred to as the Mortgagees)[.]
Provided this mortgage to be void on payment of Two thousand five hundred dollars on lawful money of Canada with interest at six per cent [sic] per annum as follows: the said sum of Two thousand five hundred dollars to be paid at the expiration of Five years from the date hereof,1 with interest at above rate payable half yearly on the tenth days respectively of September and March in each and every year on the unpaid principal money, first instalment of interest to become due on the tenth day of September next and taxes and performances of Statute Labour----------------
( ... )
And the said Mortgagors Do Release to the said Mortgagees all their claims upon the said lands subject to the said Proviso
Provided that the said Mortgagees on default of payment for two months may on giving one month's notice in writing enter on and lease or sell the said lands--------------
Provided that the Mortgagees may distrain2 for arrears of interest--------------
Provided that until default of payment the Mortgagors shall have quiet possession of the said lands---------------
Provided lastly that neither the proviso for payment hereinbefore contained nor anything else in this Indenture expressed or declared shall be construed as a covenant by the Mortgagors or any or either of them that either the principal money or interest shall be paid or as holding the Mortgagors personally liable for the non payment thereof, it being the express intention of these presents that the Mortgagors are not nor are any of them nor is any one of them to be personally liable for the moneys hereby secured-------------
In witness whereof the parties hereto have hereunto set their hands and seals-------------
Signed, Sealed and Delivered
in presence of
1 On May 16, 1885, the mortgage was paid off in full (Box 14-104). The document was signed by Isaac B. McQuesten, Alex Harvey, James Turner, James, Osborne, D. Gillies and [J.M.?] Williams in the presence of R. Russell Ferrie.
2 Impose distraint (on a person, goods, etc.).
Distraint: the seizure of chattels to make a person pay rent etc. or meet an obligation, or to obtain satisfaction by their sale.
The Concise Oxford Dictionary 8th Edition. R.E. Allen Ed. Oxford: Clarendon Press, (1990)