CALTON, Thomas, 1820 Settler
Cape Archives CO6138 Volume 2 pages 59-61
Articles of Agreement made the …. Day of December, 1819
Between The Reverend John Thomas BECHER, of Southwell, in the Country of Nottingham, Clerk, and Edward Smith GODFREY, of Newark upon Trent, in the said Country, Esquire, (on behalf of themselves, and of His Grace the Duke of Newcastle, Lord Lieutenant of the said County, and several other Noblemen and Gentlemen, Subscribers to a Fund raised for relief of Persons residents in the said County, by Colonization to the Cape of Good Hope) of the first part; Thomas CALTON, of North Collingham in the said County, Surgeon, of the second part; and The several other Persons whose Names are hereunder written, of the third part.
THAT he the said Thomas CALTON, his Heirs, Executors or Administrators, shall and may take to and for his own benefit, and shall and will also set out and distribute to or for the benefit of the undersigned Persons, Parties to these presents of the third part, their respective Wives or Children, with the exceptions hereinafter mentioned, such allotment of Land as shall after the necessary deductions are made thereout for public purposes hereinafter specified, be their and each of their full and proportionate share of the grant of Land, which shall or may be received by or in trust for the said Subscribers, from His Majesty’s Government, save and except to the undersigned
William CROOKS, Richard RADFORD, George BROWN, Thomas JARMAN, William THEILE and Thomas WEBSTER
who have agreed to go out as the Servants of the said Thomas CALTON, and in consideration of his protection and expenditure on their account, to relinquish to him two third parts of their allotments, which he Is to take to his own use and benefit. Such several allotments to be subject to a proportionate share of the Quit-Rent, Taxes , and other charges that may be imposed thereon by His Majesty’s Government for the time being of the said Colony. AND IT IS HEREBY MUTUALLY AGREED between all the said Parties hereto, that the said several allotments of Land so to be made as aforesaid shall be laid out in one or more Towns or Villages as the position or form of the Land so to be granted by His Majesty’s Government may require, or allow, for the more convenient location, and for the benefit and safety of all the said Colonists. But inasmuch as it will be for the benefit of the said Colonists, and tend to the better and more regular Cultivation of the said Lands, and the more commodious establishment of the said Settlement, that the whole quantity of Land so to be allotted to or for all the several Persons as aforesaid, (except the said Thomas CALTON, and his said Servants, and the undersigned Thomas CALTON the younger his Son) shall not in the first instance be held or occupied in severalty by them. IT IS HEREBY AGREED that the following proportions or quantities only shall be first allotted to and occupied in severalty by the said other Colonists, (that is to say) To every Single Man or Man and his Wife twenty Acres, and for each Mail Child of such Man and Wife above fourteen years of age, five Acres, (provided that such allotment to each of the said several Persons or their respective Families, shall not in any case exceed One Hundred Acres, subject to the deductions before mentioned.) And that the said allotments of Land so to be held in severalty shall be fenced off, and divided from the residue of the Land so to be granted by His Majesty's Government, and which residue shall be held and occupied in common by all the said Colonists, under such regulations as to the said Thomas CALTON shall seem just and equitable, until the whole shall be brought into Cultivation, or for want of Cultivation, shall revert or be forfeited to the said Subscribers, or to His Majesty's Government. AND IT IS MOREOVER AGREED that whenever any of the said several Persons shall have brought into Cultivation, the specific share or allotment of Land so first held in severalty as aforesaid, then an additional portion not exceeding one fourth part of his original share shall be further allotted to him in severalty, and so from time to time as the Land last allotted shall be brought into cultivation, until the whole of his share or portion shall be allotted to and held in severalty by him. But in case any of the said several Persons shall neglect or be unable to bring into Cultivation the whole of their respective allotments, or portions, or shall abandon the same, within six Months previous to the period prescribed by Government for the forfeiture of the same for want of Cultivation, then all such parts of the said several allotments so uncultivated or abandoned shall immediately revert to and become the property of the said Subscribers, for the general purposes and advantage of the intended Colony.
THAT in the case the said Thomas CALTON shall die, or depart from the said Colony, or conduct himself in any manner injurious to the Interests of the several Parties hereto, then it shall and may be lawful for the said Subscribers or a Majority of them, to appoint some other fit and proper Person (if necessary) to undertake the superintendance of the said Colony, in the place of the said Thomas CALTON.
THAT such Town or Towns, Village or Villages, (should it be so found necessary) shall each contain a Church or Place of Public Worship, with a Burial Ground; a Hall to be subdivided into whatever Rooms or Compartments, the circumstances of such Town or Village may require, and a Space of Ground not less than ten Acres, as a Place for Recreation and for a Market.
THAT the Ground required to be employed for the above mentioned public purposes, and for such Streets and Roads as may be required for the convenience of such Towns or villages as may be laid out, shall be in deduction from the Allotment of Land to be made to the said Colonists, rateably and in proportion to their several Allotments.
THAT the undersigned Persons of the third part, do hereby bind themselves severally and respectively to assist each other, and all the Party in labour in whatever way they can severally and respectively be rendered most serviceable and available, until the Public Works hereinbefore mentioned shall be fully completed, and a House or Hut be also erected and built for each and every one of the said Parties (the said Houses or Huts to be erected and built of equal dimensions) and four Acres of Land to be cleared and fenced for each of the said Parties; and a Fold therein made calculated to shelter the Cattle of each; and shall and will also assist each other in digging such Wells as may be found requisite for supplying sufficient quantities of Water for the use of all the said Parties.
IT IS HEREBY FURTHER MUTUALLY AGREED by and between the several Persons, Parties hereto, that if the said Colonists Parties hereto, or any or either of them shall or do neglect or refuse to comply with the Stipulations and Conditions contained in the last Article, he or they so refusing to comply therewith, shall forfeit and pay the Sum of Twenty Pounds, British Sterling, or such Sum in the Currency of the Colony as may be of equal value; and also that he or they so offending, shall be deprived of the gratuitous Services of the other and others of the Parties hereto, in building, clearing, and fencing his her or their Allotments, and shall also be deprived of the use of the common Stock of Tools, Implements and Library. AND FURTHER, that should the Parties or Party so offending, not be possessed of such pecuniary means as will enable them to pay such Forfeiture of Twenty Pounds British Sterling, then he or they so offending, shall respectively forfeit in lieu thereof, a certain portion of their Allotment of Land, not more than Twenty Acres, nor less than Ten Acres, to be taken from his or their respective Allotments, such Forfeiture to be adjudged by the finding and award of a Jury, to be composed of twelve of the undersigned Parties hereto of the third part, to be selected and appointed by lot.
AND WHEREAS it is necessary for the preservation of good order and moral and industrious habits, that all Owners or Occupiers of Shops or Stores, or Houses or Booths, of whatsoever description, whether errant or stationary, be totally prohibited from selling retailing or serving out in any shape or quantity whatsoever, Spirituous Liquors of all and every denomination within the Precincts, Boundaries, Limits and Premises of the Grant of Land which may be made by His Majesty's Government, for the use and benefit of the aforesaid Colonists; such prohibition shall be enforced by the forfeiture of the Stock or quantity of Spirituous Liquors which shall or may be found in the possessions of any of the said Parties, for the purpose of Sale, shall be poured out, and scattered on the Earth and a Forfeiture of One Hundred Pounds Colonial Currency (if such Currency shall exist) or Fifty Pounds British Sterling, shall be incurred and levied for each such Offence, or failing the pecuniary means of the Party or Parties so offending, such other forfeiture of Land shall be incurred as may be ordered by the finding and award of a Jury of twelve of the Parties hereto of the third part to be selected and appointed by lot.
AND IT IS HEREBY FURTHER MUTUALLY AGREED BY and between all the Parties of these presents, that in consideration of the great importance of due subordination and for the formation and good Government of such Colony, the said Thomas CALTON as Superintendant shall have the nomination of such Committee or Committees of Management, as he may deem necessary from time to time to assist him in the superintendance of the same, and also to fill up such vacancies as shall or may occur from time to time in such Committee or Committees.
THAT all Forfeitures and Penalties hereby imposed whether in Money, Land, or otherwise, shall be paid to or vested in such Committee of Management for the benefit of the Town or Village where the Offence or Offences may have been committed.
IT IS HEREBY FURTHER FULLY UNDERSTOOD AND AGREED that these Articles, can only be of force and available inasmuch as they may be found in conformity with the existing Laws in the Colony or Settlement, or with such Laws as may in future be established and enacted in the Colony or Settlement, in which it may please His Majesty's Government to locate the undersigned Colonists, and in as far as these Articles of Agreement may meet the approbation of His Majesty's Government.
J T BECHER
Edwd. Smith GODFREY
Jn. BRADFIELD Jnr.
Thomas CALTON Jnr.
Thomas HARTLEY Jnr.
* = his mark
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