CHAPTER THREE
Conditional Bond: 11 April 1809
The original document is one sheet of paper measuring 9 x 14 inches. It is folded in half to measure 7 x 9. There are no watermarks on the paper; the ink, sepia-like, is quite legible; the paper itself, that which forms the outer cover, is extremely soiled; the inside folded portion of the document is moderately soiled with various visible splatters of an undetermined origin. At the conclusion of the document there appears to be some illegible handwriting; it is done in a very elementary fashion, and is in manuscript form. The letters S-a-?-m C can be discerned.
In conclusion, I wish to add that in certain areas of the original document where letters or words are in question or illegible due to tears on the fold, I have noted omissions with question marks. Further, I have noted original document pagination in brackets [ex. {2}] as it occurred. And, lastly, because of the importance the author places on this document, image copies of the entire document will conclude this chapter.
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Know all men by these presents that I, John Breaky [sic] of Drumskelt in the County of Monaghan, gent. am holden and firmly bound unto James Breaky [sic] of Cormeen in said County, gent.-in the sum of £ 2680 ster. lawful money of this Realm Irish=currency to be paid unto the said James Breakey or his certain Attorney-Excors, Admns or Afsigns for which payment well and truly to be made I bind myself, my Heirs, Excors and Admns firmly by these presents sealed with my seal and dated this 11th day of April 1809. ~ Whereas by indenter [sic] Deed of Afsignment bearing equal date with these presents the above named James Breakey for and in consideration that the above named John Breakey shd pay or cause to be paid a Debt of £ 1200 ster. due on foot of sd mtgage executed by the late William Breakey of Drumskelt aforesd –deceased- to the late Revd William Dawson and also a Debt of £ 450 ster. due on foot of a judgment obtained by the late Robt Kerr Esqr-deced[sic]- agst the sd William Breaky[sic] and also a Debt of £ 30 ster due to the ? est of the late James Cooke Esqr-decd [sic]-on foot of a Bond executed by the said William Breakey to the sd Cooke together with all Interest & costs due or to accrue due on said respective Debts together with other mtgage=or Judt= Debts due by the said William Breakey at the time {1}time of his Death—and also for & in consideration of five shilgs did grant bargain sell afsign and make over unto the said John Breakey his Excors Admns-and afsigns and annuity or yearly sum of £ 40 ster chargeable upon and payable out of the lands of Corkeeran in the Coty of Cavan ? unto the said John Breakey His Excors Admns and Afsigns from the 11th April inst for and during the natural Life of the said James Breakey ~ Now the condition of the foregoing obligation is fuch[sic] that if the sd John Breakey his Heirs, Excors Admns or any of them shall well and truly and faithfully in pursuance of this Agreement in the said recited Deed pays off Discharges the a foresaid several Debts or Demands together with all Interest and cost now due and to grow due thereon respectively and also if the said John Breakey’s Heirs, Exors and Admns shall save harmlefs and keep indemnified the said James Breakey his Heirs-Excors Admns and Afsigns and every of them his and their Lands-tenements goods and chattels of from and against their {2} payments of the said several Debts and every part thereof and also from and against all Lofses-Costs Damages Expenses-Suites, Actions or Controversies whatsoever for or on Account of the same or any part thereof ~ Then and in such case the foregoing Writing shall in all the respects be utterly null and void but if ? otherwise the same shall continue and remain in full force and effect and Virtue in Law. ~ John Breakey seal
Signed Sealed and
Delivered in presence
Of
Robt Thomson
John Nixon Copy
Illegible handwriting: see
introduction and image copyCover page
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