NOVEMBER, 1696 COURT 77

whereof is the day and year aforesaid: Witnesseth that the Said William Powell
hath demised and doth farme and Lett and by these presents doth demise and
farme and Lett unto the Said Anthony Smart a Certaine plantation Lying in
the forke of the western branch with one hundred and fifty Acres of Land
thereunto belonging with all Fenceing houseing houshold goods and all the
Appurtenances thereunto belonging to have and to hold use and Occupie the
Said plantation and Land makeing no wast of timber for the full terme of
Seaven years fully to be compleated and Ended in quiett possesion without any
Mollestation or disturbance from the Said William Powell but it may be Lawfull
for the Said Powell to Live on the Said Land provided he builds for himselfe
also the Said William Powell is to build for the Said Smart one forty Foot
tobaccoe house forthwith out of hand and As soone as need Requiers he is to
build the Said Smart a twenty Foot dwelling house and what housing the Said
Smart Shall want more he is to be att the charge of himselfe alsoe the Said
Powell is to putt on one Cow and Calfe or with Calfe and the Said Smart is to
putt on the Like and to goe Equall Sheares with the Said Powell in [72] the
Cattle alsoe the Said Powell is to putt on four Sowes and piggs or with pigg by
Christmas day next after the date of the Said Indenture and if the Said Powell
Shall putt on a hand the Said Smart Shall take him for a Sheare the Said
Powell Laying in his provision alsoe the Said Powell is to Lend the Said Smart
one hundred pounds of meate and what Corne the Said Smart Shall have need
off Leaving the Same in kind at the end of the Said terme alsoe the Said Smart
is to plant what fruite trees the Said Powell Shall bring upon the Said planta-
tion and Secure them under a tite fence alsoe the Said Smart is to doe his Lawr-
full Endeavour to Raise a Stock of Cattle and hoggs and when the Stock is
growne to maturity it Shall be Lawfull for the Said Smart to kill meate for his
provision allowing the Same att the deviding of the Stock which Shall be done
every two years and the Last three years Inconsideration of whose Care and
dilligence and for his Encouragement in Raising of the Stock it Shall be Law-
full for the Said Smart to buy or hier a hand of his owne upon the plantation
Laying in his provision Likewise the Said Smart is to have halfe the Cattle and
halfe the Encrease of the four Sowes which principall four Sowes to remaine
the Said Powells alsoe it Shall not be Lawfull for Either party to make way with
any of the Corne that is made on the Said plantation but to remaine for the
good of the Stock and at the End and Expiration of the terme the Said Smart is
to Leave the Said plantation housing houshold goods and fenceing in good
order and tenentable alsoe it Shall not be Lawful for either party to breake any
of the above mentioned Articles on the forfiture of five thowsand pounds of
tobaccoe as by the Same Indenture more fully Appeareth And the Said Anthony
Smart Saith that although he hath fullfilled and performed all and Singular the
Covenants in the Indenture aforesaid above Specified on his part to be fullfilled
and kept In fact the Same Anthony Smart Saith that the Said William Powell
hath not Lett him the Said Anthony have the houshold goods and all the Appur-
tenances unto the Said plantation then belonging and further that he the Said
William hath not Suffered the Said Anthony to Live in quiett possession without
any mollestation or disturbance Neither hath the Said William built the Said
Anthony a twenty foot dwelling house Neither did he the Said William put on
one Cow and Calfe or with Calfe Neither did the Said William putt on four
Sowes and piggs or with pigg Neither did he the Said William Lend he the Said
Anthony one hundred pounds of meate and what Corne he the Said Anthony
had need of According to the forme and Effect of the Said writeing Indenture