PATENT: Joseph KELLEY, Sr., 1770, Cumberland Valley Township, Bedford County, PA Contributed for use in the USGenWeb Archives by Margatet Gagliardi Copyright 2004. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/bedford/ ________________________________________________ JOSEPH KELLEY, SR., LAND PATENT Cumberland Valley Township, Bedford County, Pennsylvania Cumberland now Joseph Kelly Adam McCarty 223 1/2 acs, & allowances of 6 per cent, No. 1381, A-63.192, Returned & Recd 29th Nov 1770, by Warrant to Joseph Kelly dated the 29th Instant. Patented Nov 29 1770, To Warrantee. 1155 Butler 28th Nov 1770 Cumberland, 223.80, Joseph Kelly, Returned & Rec'd 29th Nov 1770 1770, No. 63, November 29th, on Everts Creek, Cumberland County, 223 Acres, 80 Perches, Joseph Kelly, Returned & ca, 29th November 1770 By the PROPRIETARIES. Pennsylvania, ff. Whereas on the Application No. 1381 of Adam McCarty the twenty seventh Day of September 1766 an Order was issued for surveying to him three hundred Acres of Land on the waters of Everts Creek in Cumberland County; And Whereas by our Surveyor General's Certificate it appears, that in pursuance of the said Order, a Survey hath since been made of a Tract of two hundred & twenty three Acres and 80 perches of Land, agreeable to the said Application and Order of Survey, and WHEREAS the said Adam McCarty conveyed the sd Tract unto Joseph Kelly who paid the full Consideration Money for the same, at the Rate of Five Pounds Sterling per Hundred Acres, as appears by our Receiver General's Receipt now produced, and agrees to pay to our Use the yearly Quit-Rent of One Penny Sterling for every Acre thereof for ever: THESE are therefore to authorize and require you to accept into your Office the said Survey of the sd tract of Land, and make Return thereof into our Secretary's Office, in Order for Confirmation to the Said Joseph Kelly on the Terms aforesaid. And for your so doing this shall be your sufficient Warrant. GIVEN under by Hand and the Seal of the Land- Office, by Virtue of certain Powers from the said Proprietaries, of Philadelphia, this twenty eighth Day of November One Thousand Seven Hundred and Seventy. To John Lukens, Esq; Surveyor-General. Signed: John Penn Patent of Joseph Kelly, Thomas Penn, and Richard Penn, Esquires, True and absolute Proprietaries and Governors in Chief of the Province of Pennsylvania and Counties of New Castle, Kent, and Sussex upon Delaware; To all unto whom these presents shall come, Greeting WHEREAS In consequence of the application of Adam McCarty No. 1381 entered the twenty seventh day of September 1766 for 250 acres of land on the waters of Everts Creek in the county of Cumberland a survey hath been made of this tract of land herein after mentioned and intended to be hereby granted and Whereas in pursuance of a Warrant dated the twenty eighth day of November instant requiring our Surveyor General to accept the said Survey into his Office and make return thereof into our Secretary's Office in order for confirmation to Joseph Kelly unto whom the said Adam McCarty by deed conveyed the same on the ___ in the same Warrant mentioned he hath accordingly made return thereof thereby certifying the description bounds and limits of the land as aforesaid surveyed to be as follows Vizt. Situate as aforesaid called BEAVERS BOTTOM Beginning at a marked White Oak thence by George Woods land north fifteen degrees east ninety five perches to a marked Ash North forty seven degrees West one hundred and sixty six perches to a marked white oak thence by a mountain North nineteen degrees and a half East one hundred and twenty seven perches to a post thence by ___ Clarkson's lands South forty four degrees East three hundred and seventy five perches to a marked white oak thence by vacant land South seventy five degrees West two hundred and fourteen perches to the place of Beginning containing two hundred twenty three acres and a half and allowances of six per cent for roads & . . . .As by the said Warrant application and survey remaining in our Surveyor Generals Office and from thence certified into our Secretary's Office as aforesaid may appear. NOW at the Instance and Request of the said Joseph Kelly that we would be pleased to grant him a Confirmation of the fame, KNOW YE, That in consideration of the Sum of Eleven pounds three Shillings and six pence Sterling __ lawful money of Pennsylvania to our use paid by the said Joseph Kelly {the Receipt whereof we hereby acknowledge, and therof do acquit, and forever discharge the said Joseph Kelly and his heirs and Assigns, by these Presents} and of the yearly Quitrent herein after mentioned and reserved, WE HAVE given granted, released and confirmed, and by these Presents, for us, our Heirs and Successors, Do give, grant, release and confirm unto the said Joseph Kelly his Heirs and Assigns, the said Two hundred & twenty three acres and a half of Land, as the fame now set forth, bounded and limited as aforesaid; with all Mines, Minerals, Quarries, Meadows, Marshes, Savannahs, Swamps, Cripples, Woods, Underwoods, Timber, Trees, Ways, Waters, Water-Courses, Liberties, profits, Commodities, Advantages, Hereditaments and Appurtenances whatsoever thereunto belonging, or in any wife appertaining, and lying within the Bounds and Limits aforesaid, {Three full and Fifths Parts of all Royal Mines, ___ from all Deductions and Reprisals for digging and refining the same, and also One Fifth Part of the Ore of all other Mines delivered at the Pit's Mouth only excepted and hereby reserved} and also free Leave, Right and Liberty, to and from the said Joseph Kelly his Heirs and Assigns to hawk hunt, fifth and fowl in and upon the hereby granted Land and Premises, or upon any Part thereof. To Have and To Hold the said tract of Land and Premises hereby granted [except as before excepted] with their appurtenances unto the said Joseph Kelly his Heirs and Assigns, to the only Use and Behoof of the said Joseph Kelly his Heirs and Assigns, for ever: To Be Holden of us, our Heirs and Successors, proprietaries of Pennsylvania as of our Manor of __ in the county of Cumberland aforesaid, in fee and common Soccage by Fealty? Only, in Lieu of all other Services Yielding and Paying therefore yearly unto us, our Heirs and Successors, at the Town of Carlisle in the said County at or upon the First Day of March in every year, from the first Day of March last One penny6 Sterling for every Acre of the fame, or Value thereof in Coin current, according as the Exchange shall then be between our said Province and the city of London, to such Person or Persons as shall from time to time be appointed to receive the fame. AND in caf‚ of Non-payment thereof, within Ninety Days next after the fame shall become due, that then it shall and may be lawful for us, our Heirs and Successors, our and their Receiver or Receivers, into the upon the hereby granted Land and Premises to re-enter and the fame to Hold and possess until the said Quitrent __ all Arrears thereof, together with the charges accuring by Means of such Non-payment and Re-entry, be fully paid and discharged. WITNESS John Penn Esquire Lieutenant_Governor of the said Province, who by Virtue of certain Powers and Authorities to him for this Purpose, ixter? Alia, granted by the said Proprietaries hath hereunto set his hand and caused the Great Seal of the said Province to be hereunto affixed, at Philadelphia, this twenty ninth Day of November in the Year of our Lord One-Thousand Seven Hundred and seventy The Eleventh Year of the Reign of King George the third __ __ Great Britian & c and the fifty third year of the said Proprietaries Government. John Penn, Recorded 30th November 1770